reglab/housing_qa huggingface dataset:
19 DE Code § 2354. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2354. Contribution by 2 or more employers.

§ 2354. Contribution by 2 or more employers. (a) Whenever any employee, for whose injury or death compensation is payable under this chapter, at the time of the injury is in the joint service of 2 or more employers subject to this chapter, such employers shall contribute to the payment of such compensation in proportion to their wage liability to such employee, regardless of for whom such employee was actually working at the time of the injury. (b) Whenever a petition to determine benefits is pending and 1 of 2 or more employers or 2 or more insurance carriers shall be liable for undisputed benefits arising under § 2322 or § 2324 of this title, the employer or insurance carrier which paid benefits for the first occurrence shall pay all interim benefits arising under § 2322 of this title and temporary total disability benefits at the lower rate, which may be applicable under § 2324 of this title, without a hearing. When the claim is resolved thereafter by agreement or by award after a hearing, the responsible party shall indemnify the payor for benefits paid. Code 1915, §  3193kk;  29 Del. Laws, c. 233;  Code 1935, §  6107;  19 Del. C. 1953, §  2354;  70 Del. Laws, c. 542, §§  1, 2;
19 DE Code § 2355. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2355. Assignment of compensation prohibited; exemption from creditors' claims; child support exception.

§ 2355. Assignment of compensation prohibited; exemption from creditors' claims; child support exception. Except for attachments pursuant to child support orders entered under Chapter 4, 5 or 6 of Title 13, claims or payment for compensation due or to become due under this chapter shall not be assignable and all compensation and claims therefor shall be exempt from all claims of creditors. Code 1915, §  3193mm;  29 Del. Laws, c. 233;  Code 1935, §  6109;  19 Del. C. 1953, §  2355;  70 Del. Laws, c. 288, §  7;
19 DE Code § 2356. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2356. Priority of compensation claims.

§ 2356. Priority of compensation claims. The right of compensation granted by this chapter shall have the same preference or priority for the whole amount thereof against the assets of the employer allowed by law for unpaid wages for labor. Code 1915, §  3193mm;  29 Del. Laws, c. 233;  Code 1935, §  6109;  19 Del. C. 1953, §  2356;
19 DE Code § 2357. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2357. Collection of payments in default.

§ 2357. Collection of payments in default. If default is made by the employer for 30 days after demand in the payment of any amount due under this chapter, the amount may be recovered in the same manner as claims for wages are collectible. Code 1915, §  3193mm;  29 Del. Laws, c. 233;  Code 1935, §  6109;  19 Del. C. 1953, §  2357;
19 DE Code § 2358. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2358. Commutation of compensation.

§ 2358. Commutation of compensation. (a) Upon application of either party, and on due notice to the other, the compensation contemplated by this chapter may be commuted by the Board at its present value when discounted at 5% interest, with annual rests, disregarding, except in commuting payments due under § 2324 of this title, the probability of the beneficiary's death. Such commutation may be allowed if it appears that it will be for the best interest of the employee or the dependents of the deceased employee, or that it will avoid undue expense or hardship to either party, or that such employee or dependent has removed or is about to remove from the United States or that the employer has sold or otherwise disposed of the whole or the greater part of the injured employee's or the dependents of a deceased employee's business or assets. It shall not be allowed for the purpose of enabling the injured employee or the dependents of a deceased employee to satisfy a debt created before the accident, other than a mortgage upon the injured employee's or the dependents of a deceased employee's or their home or household furniture. (b) The Board shall not approve a proposed commutation under this section without considering information regarding the amount of attorneys' fees and costs, if any, employee will pay in connection with the proposed commutation. The Board shall not separately approve the attorneys' fees to be paid by the employee, but shall approve or deny the proposed commutation based upon the best interests of the employee in light of the employee's net recovery after fees and expenses are deducted. Code 1915, §  3193t;  29 Del. Laws, c. 233;  Code 1935, §  6090;  19 Del. C. 1953, §  2358;  50 Del. Laws, c. 339, §  16;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 1, §  20;
19 DE Code § 2359. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2359. Payment of award to bank in trust for employee or dependents.

§ 2359. Payment of award to bank in trust for employee or dependents. (a) At any time after the entry of the award or after the filing of the agreement for compensation, a sum equal to all future installments of compensation may by leave of the Board where death or the nature of the injury renders the amount of future payments certain be paid by the employer to any savings bank or trust company approved by the Board which is chartered and doing business in this State and has an office in the county in which the award was entered. Such sum, together with all interest arising from the investment thereof, shall thereafter be held in trust for the employee, or the employee's dependents, who shall have no further recourse against the employer. (b) Payment by the employer pursuant to subsection (a) of this section shall operate as a satisfaction of the award or agreement as to the employer. (c) Payments from the fund established pursuant to subsection (a) of this section shall be made by the trustee on orders from the Board in the same amounts and at the same periods as are required of the employer by this chapter. If, after liability has ceased, any balance of the fund remains, it shall be returned to the employer who deposited it, on a signed order of the Board. Code 1915, §  3193u;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  7;  Code 1935, §  6091;  19 Del. C. 1953, §  2359;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
19 DE Code § 2360. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2360. Installment payments of compensation.

§ 2360. Installment payments of compensation. Except as otherwise provided in this chapter, all compensation, except benefits pursuant to § 2326 of this title, payable under the compensatory provisions of this chapter shall be payable in periodical installments, as the wages of the employee were payable before the accident. The Board may, however, having regard to the welfare of the employee and the convenience of the employer, authorize the monthly or quarterly payment of compensation, instead of weekly. Code 1915, §  3193hh;  29 Del. Laws, c. 233;  Code 1935, §  6104;  19 Del. C. 1953, §  2360;  75 Del. Laws, c. 34, §  1;
19 DE Code § 2361. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2361. Limitation periods for claims.

§ 2361. Limitation periods for claims. (a) In case of personal injury, all claims for compensation shall be forever barred unless, within 2 years after the accident, the parties have agreed upon the compensation as provided in § 2344 of this title or unless, within 2 years after the accident, 1 or more of the interested parties have appealed to the Board as provided in § 2345 of this title. In cases of death, all claims for compensation shall be forever barred unless, within 2 years after the death, the parties have agreed upon the compensation as provided in § 2344 of this title or unless, within 2 years after the death, 1 or more of the interested parties have appealed to the Board as provided in § 2345 of this title. (b) Where payments of compensation have been made in any case under an agreement approved by the Board or by an award of the Board, no statute of limitation shall take effect until the expiration of 5 years from the time of the making of the last payment for which a proper receipt has been filed with the Department. (c) Notwithstanding the above, and in furtherance of and accordance with the provisions of § 2322F(j) of this title regarding utilization review, any utilization review decision issued pursuant to applicable rules and regulations promulgated pursuant to § 2322F(j) of this title shall be final and conclusive as to any interested party unless within 45 days from the date of receipt of the utilization review decision any interested party files a petition with the Industrial Accident Board for de novo review. (d) All claims for compensation for compensable occupational disease or for an ionizing radiation injury shall be forever barred unless a petition is filed in duplicate with the Department within 1 year after the date on which the employee first acquired such knowledge that the disability was or could have been caused or had resulted from employment. In case of death, all claims for compensation for compensable occupational disease or for an ionizing radiation injury shall be forever barred unless a petition is filed in duplicate with the Department within 1 year after the date on which the person or persons entitled to file such claims know, or by the exercise of reasonable diligence should know, the possible relationship of the death to the employment. Code 1915, §§  3193v, 3193rr;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  9;  35 Del. Laws, c. 192, §  2;  Code 1935, §§  6114, 6092;  41 Del. Laws, c. 241, §  1;  19 Del. C. 1953, §  2361;  50 Del. Laws, c. 339, §§  17-19;  59 Del. Laws, c. 454, §  8;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 84, §§  17, 18;  79 Del. Laws, c. 55, §  4;
19 DE Code § 2362. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2362. Notice of denial of liability; penalty for delay in payment of compensation.

§ 2362. Notice of denial of liability; penalty for delay in payment of compensation. (a) An employer or its insurance carrier shall within 15 days after receipt of knowledge of a work-related injury notify the Department and the claimant in writing of: the date the notice of the claimant's alleged industrial accident was received; whether the claim is accepted or denied; if denied, the reason for the denial; or if it cannot accept or deny the claim, the reasons therefor and approximately when a determination will be made. (b) All medical expenses shall be paid within 30 days after bills and documentation for said expenses are received by the employer or its insurance carrier for payment, unless the carrier or self-insured employer notifies claimant or the claimant's attorney in writing that said expenses are contested or that further verification is required. (c) In the event that the parties reach a written agreement as to compensation due to claimant, payment of compensation shall commence within 14 days of the date of that agreement. The parties must also file the original agreement, and if applicable, a receipt with the Department of Labor within 14 days of the date of the agreement. (d) Following an award by the Board, the first payment of compensation shall be paid by the employer or its insurance carrier no later than 14 days after the award becomes final and binding pursuant to § 2349 of this title. (e) If, following a hearing, the Board determines that the employer or its insurance carrier failed in its responsibilities under subsection (a), (b), (c) or (d) of this section, it shall assess a fine no less than $500 and no more than $2,500. The fine shall be payable to the Workers' Compensation Fund. Code 1915, §  3193j;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  3;  Code 1935, §  6080;  47 Del. Laws, c. 160, §  4;  19 Del. C. 1953, §  2362;  50 Del. Laws, c. 339, §  20;  58 Del. Laws, c. 531, §  4;  70 Del. Laws, c. 95, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 84, §  9;  73 Del. Laws, c. 196, §  1;
19 DE Code § 2365. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2365. Employee entitled to exercise rights; relief to be granted.

§ 2365. Employee entitled to exercise rights; relief to be granted. It shall be unlawful for any employer or the duly authorized agent of any employer to discharge or to retaliate or discriminate in any manner against an employee as to the employee's employment because such employee has claimed or attempted to claim workers' compensation benefits from such employer, because such employee reported an employer's noncompliance with a provision of this chapter, or because such employee has testified or is about to testify in any proceeding under this chapter. Any claim of an employee alleging such action by an employer shall be filed with the Superior Court within 2 years of the employer's alleged action. If the Court, after hearing, finds in favor of the employee, the employee shall be restored to employment or to the position, privilege, right or other condition of employment denied by such action and shall be compensated for any loss of compensation and damages caused thereby, as well as for all costs and attorney's fees, as fixed by the Court, except that if the employee shall cease to be qualified to perform the duties of employment, the employee shall not be entitled to such restoration and compensation. An employer who violates this section shall be liable to pay a penalty of not less than $500 and not more than $3,000, as may be determined by the Court and which shall be paid to the Workers' Compensation Fund. Any party shall have the right to appeal as in other cases before the Court, but if the employee's claim ultimately is sustained, the employer also shall be liable for all costs and attorney's fees on appeal. 69 Del. Laws, c. 370, §  1;  71 Del. Laws, c. 84, §  9;
19 DE Code § 2371. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems|§ 2371. Insurance of employer's compensation liability.

§ 2371. Insurance of employer's compensation liability. (a) Every employer to whom this chapter applies shall insure the payment of compensation to the employees, or their dependents, in the manner provided in § 2372 of this title. While such insurance remains in force, the employer shall be liable to any employee, or the employee's dependents, for personal injury or death by accident only to the extent and in the manner specified in this chapter. (b) Every employer having a primary place of business in another state shall carry Delaware workers' compensation coverage in full for any employees doing substantial work in the State as if they were an employer in Delaware. Every such employer whose employee is injured during the course of employment within the territory of the State shall notify such employee of that employee's rights under this chapter. (c) Substantial work shall include, but not be limited to:  (1) A construction or contracting business for which a Delaware employer would be required to be licensed under Chapter 25 of Title 30; (2) A business of any sort in which 1 or more employees is primarily engaged in the business of the employer in the territory of the State of Delaware for more than 5 consecutive work days at a single time; or (3) Working for a business of any sort in which 1 or more employees is primarily engaged in the business of the employer for more than an aggregate of 3 weeks in any 6-month period. For purposes of this section a week shall consist of 5 consecutive work days. (d) The insurance required of the above-described employers shall consist of:  (1) An actual Delaware workers' compensation policy covering the activities of the employer for any employee engaged in the employer's business in the territory of the State; or (2) A written rider on an out-of-state policy of insurance covering the work activities of the employees as fully and completely as an actual Delaware workers' compensation policy would; or (3) A declaration of self-insurance that would be valid and acceptable if made by a Delaware employer in the territory of the State providing such coverage, filings and surety as is required of Delaware employers to be self-insured for claims for Delaware workers' compensation. (e) All such employers described in this section shall comply with §§ 2372, 2373 and 2374 of this title. (f) Every Delaware construction or contracting business employing an out-of-state business for which a Delaware employer would be required to be licensed under Chapter 25 of Title 30 shall verify in any business transaction that the out-of-state construction or contracting business is in compliance with this requirement. Code 1915, §  3193y;  29 Del. Laws, c. 233;  Code 1935, §  6095;  19 Del. C. 1953, §  2371;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 1, §  21;
19 DE Code § 2373. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems|§ 2373. Payment of compensation by self-insurer.

§ 2373. Payment of compensation by self-insurer. Whenever an employer who is a self-insurer under this chapter enters into an agreement to pay compensation to an injured employee or the employee's dependents in case of the employee's death or whenever an award is made by the Board in favor of such injured employee or the employee's dependents in case of the employee's death, the employer shall pay the full liability under the agreement or award to a savings bank or trust company in accordance with § 2359 of this title. Such fund, together with all interest arising from the investment thereof, shall be held and paid out in accordance with § 2359 of this title. Failure on the part of a self-insured employer to make such payment within 30 days after the making of an agreement or award shall forthwith terminate the right of such employer to carry the employer's own insurance. Code 1915, §  3193z;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  8;  37 Del. Laws, c. 239, §  3;  Code 1935, §  6096;  19 Del. C. 1953, §  2373;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
19 DE Code § 2375. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems|§ 2375. Certificate of self-insurance; revocation.

§ 2375. Certificate of self-insurance; revocation. Whenever an employer has complied with § 2372 of this title relating to self-insurance, the Department shall issue to such employer a certificate which shall remain in force for a period fixed by the Department. The Department may however, upon at least 60 days' notice and a hearing to the employer, revoke the certificate upon presentation of satisfactory evidence for such revocation. After the expiration of 1 year from such revocation, the Department may grant a new certificate to the employer upon the employer's petition. Code 1915, §  3193bb;  29 Del. Laws, c. 233;  Code 1935, §  6098;  19 Del. C. 1953, §  2375;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 84, §  3;
19 DE Code § 2376. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems|§ 2376. Evidence of compliance with self-insurance requirements.

§ 2376. Evidence of compliance with self-insurance requirements. For the purpose of complying with § 2372 of this title, groups of employers may form mutual insurance associations under the laws of this State, subject to such reasonable conditions and restrictions as may be fixed by the Department. Membership in such mutual insurance associations, so approved, together with evidence of the payment of premium dues, shall be evidence of compliance with § 2372 of this title. Code 1915, §  3193cc;  29 Del. Laws, c. 233;  Code 1935, §  6099;  19 Del. C. 1953, §  2376;  71 Del. Laws, c. 84, §  3;
19 DE Code § 2377. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter IV. Compulsory Insurance, Self-Insurance and Substitute Compensation Systems|§ 2377. Substitute compensation systems; approval and termination.

§ 2377. Substitute compensation systems; approval and termination. (a) Subject to the approval of the Department, any employer may enter into or continue any agreement with employees to provide a system of compensation, benefit or insurance in lieu of the compensation and insurance provided by this chapter. (b) No such substitute system shall be approved unless it confers benefits upon injured employees at least equivalent to the benefits provided by this chapter, nor, if it requires contribution from the employees, unless it confers benefits in addition to those provided under this chapter at least commensurate with such contributions. (c) Such substitute system may be terminated by the Department on reasonable notice and hearing to the interested parties, if it is shown that the system is not fairly administered or if its operation discloses latent defects threatening its solvency or if for any substantial reason it fails to accomplish the purposes of this chapter. Upon such termination the Department shall determine upon the proper distribution of all remaining assets, if any, subject to the right of any party in interest to take an appeal to the Superior Court. Code 1915, §  3193d;  29 Del. Laws, c. 233;  Code 1935, §  6100;  19 Del. C. 1953, §  2377;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 84, §  3;