Delaware General Assembly

CHAPTER 193

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 by Chapter 203, Volume 30, Laws of Delaware, by defining the terms "employers" and "employee" as used in said Act, by providing that said Act shall apply to the State of Delaware and New Castle County.

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 De/aware, and by Chapter 203, Volume 30, Laws of Delaware and by Chapter 206, Volume 33, Laws of Delaware, be and the same is hereby further amended by the repeal of 3193 pp Section 135, and the insertion in lieu thereof the following new section to be styled 3193 pp Section135.

3193 pp Section 135. The following shall constitute employers subject to the provisions of this Article: The State of Delaware, the County of New Castle, every corporation (private, public, municipal or public quasi), every association, every firm and every person (excepting the employers mentioned in 3192 vv, Section 141 and Section 3193 ww, Section 142 hereof) having in his, her, or its service any employee defined in 3193 qq, Section 136 of this Article. If the employer is insured, it shall include his, her or its insurer as far as practicable.

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 by Chapter 203, Volume 30, Laws of Delaware and by Chapter 206, Volume 33, Laws of Delaware, be and the same is hereby further amended by the repeal of 3193 qq, Section 136, and the insertion in lieu thereof the following new section to be styled 3193 qq, Section 136:

3193 qq, Section 136. The term "employee" as used in this Article shall be construed to mean: Every person in the service of the State of Delaware, of the County of New Castle, or any corporation (private, public, municipal or public quasi), of any association, of any firm or of any person (excepting the employer mentioned in 3193 vv, Section 141 and 3193 ww, Section 142 hereof) under any contract of hire, expressed or implied, oral or written or performing services for a valuable consideration, but not including any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his employer, and not including persons to whom articles or materials are furnished or repaired, or adopted for sale in the workman's own home, or on the premises not under the control or management of the employer.

Section 3. That Chapter 90 of the Revised Code of the State of Delaware, as amended by Chapter 233, Volume 29, Laws of Delaware, and by Chapter 203, Volume 30, Laws of Delaware, and by Chapter 206, Volume 33, Laws of Delaware, be and the same is hereby further amended by the repeal, of 3193 vv, Section 141, and the insertion in lieu thereof the following new section to be styled 3193 vv, Section 141:

3193 vv, Section 141. This Article shall not apply to the employer and employee in any employment in which less than five employees are engaged; nor to farm laborers and domestic* (*so enrolled) servants of the State or any governmental agency created by it, excepting officers and servants of the State of Delaware, and officers and servants of the County of New Castle, and officers and servants of the Mayor and Council of Wilmington, a municipal corporation of the State of Delaware, such officer and servant of the State of Delaware, and of the County of New Castle and the City of Wilmington having been either elected or appointed for a term of office of fixed and definite duration, or to complete the unexpired portion of any such term. The election of the State of Delaware to be bound by the compensatory provisions of this Article shall be made by and be under the control of the Governor: Said election by the County of New Castle shall be made by and be under the control of the Levy Court of the said County and the said election by the Mayor and Council of Wilmington shall be by and be under the control of said Mayor and Council.

Approved March 18, A. D. 1927.