CHAPTER 239
WORKMEN'S COMPENSATION LAW
AN ACT to amend Article 5 of Chapter 90 of the Revised Code of the State of Delaware, Relating to Workmen's Compensation.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That 3193 h, Section 101 of Article 5 of Chapter 90 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of subsections (a) and (b) of said Section 101, and inserting in lieu thereof 'the following:
"(a) No compensation shall be paid for any injury Compensation which does not incapacitate the employee for a period of at least one week from earing full wages, but if incapacity extends beyond the period of one week compensation shall begin on the eighth 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, thirty days unless the employee refuses to allow them to be furnished by the employer. The cost of such services, medicines, and supplies shall not exceed One Hundred and Fifty 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."
Section 2. That 3193 j, Section 103 of said Article 5 of Chapter 90 of the Revised Code of the State of Delaware be and the same is hereby amended by adding at the end of said Section the following new sub-section to be styled (e):
"(e) If an employee, having previously sustained a for subsequent permanent injury from any cause whether in line of employment or otherwise, shall sustain any other permanent injury, he shall be entitled to compensation for the subsequent injury in the same amount, and only in the same amount, as though the previous injury had not occurred: Provided, that if the subsequent injury shall be sustained in the employment of the same employer and in the course of work of the same classification as the previous injury, then the amount of compensation to which the employee shall be entitled shall be the amount which would be payable if both such injuries were the result of one accident, less an amount equal to the compensation fixed in this Act for the previous injury.
Section 3. That 3193 z and Section 119 of said Article 5 of Chapter 90 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out all of said 3193 z, Section 119 and inserting in lieu thereof the following:
"3193 7. Section 119. Every employer under this Article insured in shall either insure or keep insured his liability hereunder in approved company or some corporation, association or organization approved by organization the Industrial Accident Board and authorized to transact the business of Workmen's Compensation Insurance in this State, or shall furnish to the Industrial Accident Board, satisfactory proof of his financial ability to pay direct the Or furnish compensation in the amount and manner and when due as provided for in this Article. In any case, the Board may, in its discretion, require the deposit of an acceptable security, indemnity or bond, to secure the payment of compensation liabilities as they are incurred.
Whenever a self-insurer under this Section shall into an agreement to pay compensation to an injured employee or his dependents in case of his death, or whenever an award shall be made by the Board in favor of such injured employee or his dependents in case of his death, the employer shall pay the full liability under said agreement or award to a Savings Bank or Trust Company in accordance with the provisions of 3193 u, Section 114, and the said fund together with all interest arising from the investment thereof, shall be held and paid out in accordance with the provisions of said last mentioned Section. Failure on part of the employer to make such payment within thirty days after such an agreement or award shall forthwith terminate the right of such employer to carry his own insurance."
Approved April 10, 1931.