Delaware General Assembly

AN ACT TO AMEND CHAPTER 23, TITLE 19, DELAWARE CODE, RELATING TO WORKMEN'S COMPENSATION.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 2301, Title 19, Delaware Code, defining "Death" in paragraph five thereof, is amended by striking the semicolon after the word "employment", inserting in lieu thereof a comma, and adding the following:

provided that if death shall occur beyond 285 weeks after the accident, the Board may consider such death as a cause for compensation when the Board has a medical history on the case resulting from the payment of compensation for the injury which is alleged to have caused the death;

Section 2. § 2323, Title 19, Delaware Code, is amended by striking in the fourth line the words "in writing" between the words "given" and "to", by inserting in the fifth line the words "or to the Board" after the word "carrier" and adding a period after the word "Board", and by adding a new sentence at the end thereof to read as follows:

Notice that medical aid was employed as aforesaid shall be given within 30 days thereafter to the employer or its insurance carrier in writing.

Section 3. § 2331, Title 19, Delaware Code, is repealed and a new § 2331 is inserted in lieu thereof to read as follows:

If death results from the injury, the employer shall pay the reasonable burial expenses of an injured employee, not exceeding $700, but without deduction of any amount theretofore paid for compensation or medical expense, except that any bill for reasonable funeral expenses resulting from the death of an injured employee contracted for in an amount in excess of $700 may be approved by the Industrial Accident Board.

Section 4. §2124, Title 19, Delaware Code, is amended by striking the second sentence and inserting in lieu thereof a new sentence to read as follows:

The physician shall be allowed a reasonable fee subject to the approval of the Board, which fee shall be taxed as costs.