CHAPTER 186
THE DELAWARE WORKMEN'S COMPENSATION LAW
AN ACT to amend an Act known and cited as "The Delaware Workmen's Compensation Law of 1917," being Chapter 90 of the Revised Code of Delaware as amended by Chapter 233, Volume 29, Laws of Delaware, and Chapter 203, Volume 30, Laws of Delaware, by providing for certain Increases in medical and surgical fees and hospital services; for more definite procedure In connection with certain hearings; for changing the method of ascertaining the amount of compensation payable In certain cases; for defining certain terms; and for other purposes.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 90 of the Revised Code of the State of Delaware, as amended by Chapter 233, Volume 29, Laws of Delaware, and Chapter 203, Volume 30, Laws of Delaware, be and the same is hereby further amended by the repeal of 3193 h. Section 101, and the insertion in lieu thereof of the following, to be styled 3193 h. Section 101:
3193 h. Section 101: (a) No compensation shall be paid for any injury which does not incapacitate the employee for a period of at least two weeks from earning full wages, but if incapacity extends beyond the period of two weeks compensation shall begin on the fifteenth day after such incapacity, provided, however, that if such incapacity continues for four weeks, or longer, such compensation shall be computed from the date of incapacity.
(b) During the first thirty days after the injury, the employer shall furnish reasonable surgical, medical and hospital services, medicines and supplies, as and when needed, unless the employee refuse to allow them to be furnished by the employer. The cost of such services, medicines, and supplies shall not exceed One Hundred Dollars.
If the employer shall, upon application made to him, refuse to furnish reasonable surgical, medical and hospital services, medicines and supplies, the employee may procure the same, and shall receive from the employer the reasonable cost thereof within the above limitations.
(c) Upon application made to the Industrial Accident Board by the injured employee or someone on his behalf, the Board may, in its discretion, require the employer to furnish additional surgical, medical, and hospital services, medicines and supplies, as and when needed, for such further period as it shall deem right and proper. The charges for such additional surgical, medical, and hospital services, medicines and supplies, shall not exceed the rates regularly charged to other individuals for like services and supplies ; provided, however, the Industrial Accident Board shall at all times have jurisdiction to determine, and shall determine, the character of services and supplies to be furnished.
(d) If any person, firm, or corporation charged with the payment of the above mentioned surgical, medical, and hospital services, medicines and supplies, and the person, firm, or corporation to whom the same are due and payable, fail to reach an agreement in regard to said charges, either party may notify the Industrial Accident Board of the facts and the said Board shall thereupon, after notice of the time and place of hearing sent by registered mail to all parties in interest, hear and determine the matter and notify such parties of its conclusions.
(e) If the employee shall refuse reasonable surgical, medical, and hospital services, medicines and supplies tendered to him by his employer, he shall forfeit all right to compensation for any injury or any increase in his incapacity shown to have resulted from such refusal.
Section 2. That Chapter 90 of the Revised Code of the State of Delaware, as amended by Chapter 233, Volume 29, Laws of Delaware, and Chapter 203, Volume 30, Laws of Delaware, be and the same is hereby further amended by the repeal of subsection (c) of 3193 j. Section 103, and the insertion in lieu thereof of the following:
(c) For all permanent injuries of the following classes, the compensation, regardless of the earning power of such injured employee after such injury, shall be as follows:
For the loss of a hand, fifty per centum of wages during
one hundred and fifty-eight weeks ;
For the loss of an arm, fifty per centum of wages during one hundred and ninety-four weeks;
For the loss of a foot, fifty per centum of wages during one hundred and thirty-five weeks;
For the loss of a leg, fifty per centum of wages during one hundred and ninety-four weeks;
For the loss of an eye, fifty per centum of wages during one hundred and thirteen weeks;
For the loss of two or more of such members, not constituting total disability, fifty per centum of wages during the aggregate of the period specified for each;
For the loss of a thumb, fifty per centum of wages during sixty weeks;
For the loss of a first finger, commonly called index finger, fifty per centum of wages during thirty-five weeks;
For the loss of a second finger, fifty per centum of wages during thirty weeks;
For the loss of a third finger, fifty per centum of wages during twenty weeks;
For the loss of a fourth finger, commonly called little finger, fifty per centum of wages during fifteen weeks.
The loss of the first phalange of the thumb or of any finger shall be considered to be equal to the loss of one-half of such thumb or finger and compensation shall be for one-half of the period, and compensation for the loss of one-half of the first phalange shall be for one fourth of the period.
The loss of more than one phalange shall be considered as the loss of the entire finger or thumb, providing, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.
For the loss of a great toe, fifty per centum of wages during thirty weeks;
For the loss of one of the toes, other than a great toe, fifty per centum of wages during ten weeks;
The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe and compensation shall be for one half of the period.
The loss of more than one phalange shall be considered as the loss of the entire toe.
For the loss of a fractional part of the vision of an eye, the compensation shall be for such percentage of the total number of weeks allowed for the total loss of the use of an eye under this sub-section (c) as the loss suffered bears to the total loss of an eye.
In all other cases; in this class, or when the usefulness of a member or any physical function is permanently impaired, the compensation shall bear such relation to the amount stated in the above schedule as the disabilities bear to those produced by the injuries named in the schedule.
Unless the Board shall otherwise determine from the facts, the loss of both hands, or both arms, or both feet, or both legs, or both eyes, or an injury to the spine resulting in permanent and complete paralysis of both legs, or both arms, or of one leg and one arm, or an injury to the skull resulting in incurable imbecility or insanity, shall constitute total disability for work, to be compensated according to the provisions of sub-section (a) of this section. Amputation between the elbow and the wrist shall be considered as the equivalent of the loss of a hand, and amputation between the knee and ankle shall be considered as the equivalent of the loss of a foot. Amputation at or above the elbow shall be considered as the loss of an arm, and amputation at or above the knee shall be considered as the loss of a leg. Total loss of the use of a hand, arm, foot, leg, or eye shall be considered as the equivalent of the loss of such hand, arm, foot, leg, or eye.
This compensation shall not be more than fifteen dollars per week, nor less than five dollars per week; provided, that, if at the time of injury, the employee receives wages of less than five dollars per week, then he shall receive the full amount of such wages per week as compensation.
Section 3. That Chapter 90 of the Revised Code of the State of Delaware, as amended by Chapter 233, Volume 29, Laws of Delaware, be and the same is hereby further amended by the repeal of 3193 q. Section 110, and the insertion in lieu thereof of the following, to be styled 3193 q. Section 110:
3193 q. Section 110. In all hearings before the Board, it shall make such inquiries and investigations as it shall deem necessary. The hearings of the Board shall be held at some reasonable location in the City or County where the injury occurred, and each award of the Board shall be in writing and shall be filed among its records, and a copy thereof shall either be served personally on or sent by registered mail to each of the parties in interest within one week after making such award. The Superior Court of the State of Delaware shall, in accordance with the provisions of Article 4, Section 24 of the Constitution of the State of Delaware, and in accordance with such rules as said Court is hereby authorized to make, provide for the obtaining of evidence outside of the State of Delaware, to be used in hearings before the Industrial Accident Board; provided, however, that subject to the approval of the Industrial Accident Board, the parties in interest in any particular cause may agree upon different methods of taking such evidence. The subpoenas provided for in this Act shall be effective throughout the entire State. Whenever a cause shall be remanded to the Industrial Accident Board for a rehearing, all evidence theretofore taken before the Industrial Accident Board in a previous hearing or hearings shall become part of the evidence in the hearing upon the remand.
Section 4. That Chapter 90 of the Revised Code of the State of Delaware, as amended by Chapter 233, Volume 29, Laws of Delaware, be and the same is hereby further amended by the insertion after 3193 tt. Section 139, of the following new section, to be styled 3193 tt. Section 139 A:
3193 tt. Section 139 a. For the purpose of making more clear certain of the provisions of the Act to which this section is an amendment, provision is hereby made as follows:
(a) That the term "compensation" wherever used in this Act, and wherever the context requires it, shall be held to include surgical, medical and hospital services, medicines and supplies, and funeral benefits, provided for in this Act.
(b) That the notice required to be served on all parties in interest under the provisions of 3193 o. Section 108, Chapter 90, Revised Code, as amended by Chapter 233, Volume 29, Laws of Delaware, may be served personally or sent by registered mail.
(c) That the provision in 3193 p. Section 109, Chapter 90, Revised Code, as amended by Chapter 233, Volume 29, Laws of Delaware, that the Industrial Accident Board shall "send to the parties a copy of the award" shall be construed to mean either personal delivery of such copy or the sending thereof by registered mail.
(d) That proceedings for compensation may be instituted by the surviving parent, guardian or next friend in the case of minors claiming to be entitled to compensation, and all notices thereafter shall be given in the manner provided in this Act to said parent, guardian or next friend.
(e) That compensation agreed upon or awarded to an injured employee who shall have died and which shall not have been paid at the time of his death, shall be paid to his nearest dependent as indicated by 3193 k. Section 104, Chapter 90, Revised Code of the State of Delaware, as amended by Chapter 233, Volume 29, Laws of Delaware, and Chapter 203, Volume 30, Laws of Delaware.
(f) That in construing the words "earning power of the employee thereafter" as the same appear in sub-section (b) of 3193 j. Section 103, Chapter 90 of the Revised Code of the State of Delaware as amended by Chapter 233, Volume 29, Laws of Delaware, and Chapter 203, Volume 30, Laws of Delaware, the Industrial Accident Board shall take into consideration the value of gratuities, board, lodging, and similar advantages received by the employee in a subsequent employment.
Approved April 1, A. D. 1921.