reglab/housing_qa huggingface dataset:
19 DE Code § 2329. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter II. Payments for Injuries or Death and Incidental Benefits|§ 2329. Compensation for disability resulting from occupational and other preexisting disease.

§ 2329. Compensation for disability resulting from occupational and other preexisting disease. Whenever any disability from which any employee is suffering following the contraction of a compensable occupational disease is due in part to such occupational disease and in part to a preexisting disease or infirmity, the Board shall determine the proportion of such disability which is reasonably attributable to the occupational disease and the proportion which is reasonably attributable to the preexisting disease or infirmity and such employee shall be entitled to compensation only for that proportion of the disability which is reasonably attributable solely to the occupational disease. Code 1915, §  3193rr;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  9;  Code 1935, §  6114;  41 Del. Laws, c. 241, §  1;  19 Del. C. 1953, §  2329;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
19 DE Code § 2331. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter II. Payments for Injuries or Death and Incidental Benefits|§ 2331. Burial expenses where death results from injury.

§ 2331. Burial expenses where death results from injury. If death results from the injury, the employer shall pay the reasonable burial expenses of an injured employee, not exceeding $3,500, 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 $3,500 may be approved by the Industrial Accident Board. Code 1915, §  3193i;  29 Del. Laws, c. 233;  Code 1935, §  6079;  43 Del. Laws, c. 269, §  7;  44 Del. Laws, c. 202, §  1;  19 Del. C. 1953, §  2331;  49 Del. Laws, c. 429, §  4;  50 Del. Laws, c. 339, §  12;  55 Del. Laws, c. 83, §  3;  70 Del. Laws, c. 141, §  1;
19 DE Code § 2332. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter II. Payments for Injuries or Death and Incidental Benefits|§ 2332. Death of employee as affecting compensation and other benefits.

§ 2332. Death of employee as affecting compensation and other benefits. Should the employee die as a result of the injury, no reduction shall be made for the amount paid for medical, surgical, dental, optometric, chiropractic or hospital services and medicines nor for the expense of last sickness and burial as provided in this chapter. Should the employee die from some other cause than the injury as herein defined, the claim for compensation shall not abate, but the personal representative of the deceased may be substituted for the employee and prosecute the claim for the benefit of the deceased's dependent or dependents only, but in the event an agreement for compensation or an award has theretofore been made, the full unpaid amount thereof shall be payable to the deceased employee's nearest dependent as indicated by § 2330 of this title and such payments may be made directly to a dependent of full age and on behalf of an infant to the statutory or testamentary guardian of any such infant, provided, however, that no payment or award under § 2324 or § 2325 of this title shall continue or be ordered beyond the date of such injured employee's death. Code 1915, §§  3193j, 3193tt;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  3;  32 Del. Laws, c. 186, §  4;  Code 1935, §§  6080, 6116;  37 Del. Laws, c. 239, §  2;  43 Del. Laws, c. 269, §  8;  19 Del. C. 1953, §  2332;  50 Del. Laws, c. 267, §  3;  54 Del. Laws, c. 280, §  3;
19 DE Code § 2333. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter II. Payments for Injuries or Death and Incidental Benefits|§ 2333. Compensation of nonresident alien dependents; representation by consular officers.

§ 2333. Compensation of nonresident alien dependents; representation by consular officers. (a) Compensation under this chapter to alien dependent surviving spouses and children not residents of the United States shall be 1/2 of the amount provided in each case for residents, and the employer may at any time commute all future installments of compensation payable to alien dependents not residents of the United States by paying to such alien dependents the then value thereof, calculated in accordance with § 2358 of this title. Alien parents, siblings not residents of the United States shall not be entitled to any compensation. (b) Nonresident alien dependents may be officially represented by the consular officers of the nation of which such alien or aliens may be citizens or subjects and in such cases the consular officers may receive for distribution to such nonresident alien dependents all compensation awarded hereunder and the receipt of such consular officers shall be a full discharge of all sums paid to and received by them. Code 1915, §  3193s;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  6;  Code 1935, §  6089;  19 Del. C. 1953, §  2333;  70 Del. Laws, c. 172, §  8;  70 Del. Laws, c. 186, §  1;
19 DE Code § 2334. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter II. Payments for Injuries or Death and Incidental Benefits|§ 2334. Benefit adjustment.

§ 2334. Benefit adjustment. (a) Any person with a total disability on or after May 27, 1971, or any surviving spouse or dependent who is receiving benefits under § 2330 of this title, on or after May 27, 1971, shall be entitled to an additional amount of compensation as calculated under subsections (b) and (c) of this section, provided that the total amount to be received shall not exceed the maximum weekly benefit rate in § 2324 of this title effective on July 1, 1975, or the benefit derived from § 2330 of this title as of July 1, 1975. (b) In any case where a person with a total disability, or a surviving spouse or a dependent is presently receiving the maximum weekly income benefit rate applicable at the time such award was made, the supplemental allowance shall be an amount which when added to such award would equal the maximum weekly benefit rate effective on July 1, 1975, or the benefit derived from § 2330 of this title as of July 1, 1975. (c) In any case where a person with a total disability, or a surviving spouse or dependent is presently receiving less than the maximum weekly income benefit rate applicable at the time such award was made, the supplemental allowance shall be an amount equal to the difference between the amount the claimant is presently receiving and a percentage of the maximum weekly benefit rate effective on July 1, 1975, or the benefit derived from § 2330 of this title as of July 1, 1975, determined by multiplying it by a fraction, the numerator of which is the claimant's present award and the denominator of which is the maximum weekly rate applicable at the time such award was made. 19 Del. C. 1953, §  2334;  58 Del. Laws, c. 96, §  1;  58 Del. Laws, c. 311;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 201, §§  1, 2;  79 Del. Laws, c. 371, §  15;
19 DE Code § 2341. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2341. Notice of injury; time of; and failure to give.

§ 2341. Notice of injury; time of; and failure to give. Unless the employer has actual knowledge of the occurrence of the injury or unless the employee, or someone on the employee's behalf, or some of the dependents, or someone on their behalf, gives notice thereof to the employer within 90 days after the accident, no compensation shall be due until such notice is given or knowledge obtained. Code 1915, §  3193l;  29 Del. Laws, c. 233;  Code 1935, §  6082;  19 Del. C. 1953, §  2341;  50 Del. Laws, c. 339, §  13;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
19 DE Code § 2342. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2342. Notice of occupational disease; time of; failure to give.

§ 2342. Notice of occupational disease; time of; failure to give. Unless the employer during the continuance of the employment has actual knowledge that the employee has contracted a compensable occupational disease or unless the employee, or someone in the employee's behalf, or some of the employee's dependents, or someone on their behalf, gives the employer written notice or claim that the employee has contracted 1 of the compensable occupational diseases, which notice to be effective shall be given within a period of 6 months after the date on which the employee first acquired such knowledge that the disability was, could have been caused or had resulted from the employee's employment, no compensation shall be payable on account of the death or disability by occupational disease of such employee. Code 1915, §  3193rr;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  9;  Code 1935, §  6114;  41 Del. Laws, c. 241, §  1;  19 Del. C. 1953, §  2342;  50 Del. Laws, c. 339, §  14;  52 Del. Laws, c. 101, §  1;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
19 DE Code § 2343. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2343. Physical examination of employee; refusal to submit; communications not privileged.

§ 2343. Physical examination of employee; refusal to submit; communications not privileged. (a) After an injury, and during the period of resulting disability, the employee, if so requested by the employee's employer or ordered by the Board, shall submit the employee's own self for examination at reasonable times and places and as often as reasonably requested to a physician legally authorized to practice the physician's profession under the laws of such place, who shall be selected and paid by the employer. Such medical examination shall not be referred to as an “Independent Medical Examination” or “IME” in any proceeding or on any document relating to a matter under this chapter; nor shall any examination, required by the employer, by any other doctor, who is an employee of an insurance company, or who is paid by an insurance company, or who is under contract to an insurance company, be referred to as an “Independent Medical Examination” or “IME.” If the employee requests, the employee shall be entitled to have a physician, qualified as specified in this section, of the employee's own selection, to be paid by the employee, present to participate in such examination. For all examinations after the first, the employer shall pay the reasonable traveling expenses and loss of wages incurred by the employee in order to submit to such examination. The Board may impose a fine not to exceed $500 for each use of the term “Independent Medical Exam” or “IME” in violation of this subsection. (b) The refusal of the employee to submit to the examination required by subsection (a) of this section or the employee's obstruction of such examination shall deprive the employee of the right to compensation under this chapter during the continuance of such refusal or obstruction and the period of such refusal or obstruction shall be deducted from the period during which compensation would otherwise be payable. (c) No fact communicated to or otherwise learned by any physician or surgeon who has attended or examined the employee or who has been present at any examination shall be privileged either in the hearings provided for in this chapter or in any action at law. Code 1915, §  3193m;  29 Del. Laws, c. 233;  Code 1935, §  6083;  19 Del. C. 1953, §  2343;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 206, §  2;  72 Del. Laws, c. 399, §  2;
19 DE Code § 2345. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2345. Hearing upon disagreement on amount of compensation or benefits.

§ 2345. Hearing upon disagreement on amount of compensation or benefits. If the employer and employee, or the employee's dependents in the case of the employee's death, fail to reach agreement in regard to compensation under this chapter, or if after they reach such an agreement the Board shall refuse to approve the same, either party may notify the Department of the facts and the Department shall thereupon notice the time and place of hearing which shall be served on all parties in interest personally, by secure email with an electronic receipt or by certified mail. The Board or a hearing officer with consent of the parties shall hear and determine the matter in accordance with the facts and the law and state its conclusions of fact and rulings of law. Code 1915, §§  3193o, 3193tt;  29 Del. Laws, c. 233;  32 Del. Laws, c. 186, §  4;  Code 1935, §§  6085, 6116;  19 Del. C. 1953, §  2345;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 84, §  14;  71 Del. Laws, c. 422, §  2;  81 Del. Laws, c. 333.;
19 DE Code § 2346. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2346. Hearing upon disagreement on charges for medical and other services and benefits

§ 2346. Hearing upon disagreement on charges for medical and other services and benefits If any person charged with the payment of medical and other services and the provider to whom said payment is due fail to reach an agreement in regard to such charges, any interested party may notify the Department of the facts. The Department shall thereupon notice the time and place of hearing sent by certified mail or by secure email with an electronic receipt to all parties in interest. The Board shall hear and determine the matter. No party to the proceedings shall have any liability for the payment of charges in excess of the amount deemed reasonable and necessary; provided, that the provider is subject to the jurisdiction of the Board and made a party to the proceedings. As provided in § 2320(7) of this title, the Board may, in any case, appoint a disinterested and duly-qualified physician to make any necessary medical examination of the employee and testify in respect thereto. Such medical examination shall not be referred to as an “Independent Medical Examination” or “IME” in any proceeding or on any document relating to a matter under this chapter; nor shall any examination, required by the employer, by any other doctor, who is an employee of an insurance company, or who is paid by an insurance company, or who is under contract to an insurance company, be referred to as an “Independent Medical Examination” or “IME.” The Board may impose a fine not to exceed $500 for each use of the term “Independent Medical Exam” or “IME” in violation of this section. Code 1915, §  3193h;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  2;  32 Del. Laws, c. 186, §  1;  Code 1935, §  6078;  19 Del. C. 1953, §  2346;  50 Del. Laws, c. 267, §  4;  70 Del. Laws, c. 534, §  1;  71 Del. Laws, c. 84, §  14;  71 Del. Laws, c. 422, §  2;  72 Del. Laws, c. 206, §  3;  72 Del. Laws, c. 399, §  3;  81 Del. Laws, c. 333.;
19 DE Code § 2348A. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2348A. Mediation.

§ 2348A. Mediation. (a) At any time prior to 30 days after the pretrial conference, either party may request mediation. The mediator shall be selected from a list of 3 hearing officers provided by the Department of Labor, and each party may strike 1 hearing officer from the list of potential mediators. The hearing officer serving as the mediator for a claim shall not be the hearing officer assigned to a later hearing on the claim mediated. Mediation shall be conducted within 30 days of the request. (b) Any mediation under this section shall be nonbinding. No transcription or other verbatim record of the proceedings shall be kept, and no testimonial evidence shall be given. Medical records or other documentary evidence may be considered, at the mediator's discretion, if it will assist the mediation process. (c) If the parties involved in the mediation conference reach a settlement as to all or any part of the then-pending issues, the agreement shall be reduced to writing and signed by the parties, the parties' counsel, and the mediator. A signed mediation agreement shall be binding on the parties thereto as to those issues on which there is agreement, except that any such agreement shall be subject to review in accordance with § 2347 of this title. (d) In any hearing before the Board, no evidence shall be permitted regarding the mediation, including evidence regarding any statements or positions taken by any party in the context of the mediation. The Board may admit into evidence any signed mediation agreement, if relevant to any pending issue. 76 Del. Laws, c. 1, §  18;
19 DE Code § 2349. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2349. Exceptions.

§ 2349. Exceptions. An award of the Board, in the absence of fraud, shall be final and conclusive between the parties, except as provided in § 2347 of this title, unless within 30 days of the day the notice of the award was mailed to the parties or electronically received by secured email, either party appeals to the Superior Court for the county in which the injury occurred or, if the injury occurred out of the State, to the Superior Court in and for the county in which the hearing was had. Neither the Board nor any member of the Board shall be named as a party to the appeal. Whenever an award shall become final and conclusive pursuant to this section, the prevailing party, at any time after the running of all appeal periods, may, if a proper appeal has not been filed, file with the prothonotary's office, for the county having jurisdiction over the matter, the amount of the award and the date of the award. From the time of such filing, the amount set forth in the award shall thereupon be and constitute a judgment of record in such Court with like force and effect as any other judgment of the Court, except that the renewal provisions of § 4711 of Title 10 shall not be applicable, and a judgment obtained under this section shall automatically continue for a period of 20 years from the date of the award. The prothonotary shall enter all such certificates in the regular judgment docket and index them as soon as they are filed by the prevailing party. Code 1915, §  3193r;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  5;  Code 1935, §  6088;  19 Del. C. 1953, §  2349;  52 Del. Laws, c. 101, §  3;  71 Del. Laws, c. 413, §  1;  72 Del. Laws, c. 139, §§  1, 2;  73 Del. Laws, c. 49, §§  1, 2;  81 Del. Laws, c. 333.;
19 DE Code § 2350. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2350. Jurisdiction, procedure and decision on appeal; review by Board; costs and security.

§ 2350. Jurisdiction, procedure and decision on appeal; review by Board; costs and security. (a) The Superior Court shall have jurisdiction to hear and determine all appeals taken pursuant to this chapter. The Court may by proper rules prescribe the procedure to be followed in the case of such appeals. The Court shall fix a time for such hearings at the pending or next term of the Court after the date of such appeal and may extend the time for adequate cause shown. (b) In case of every appeal to the Superior Court the cause shall be determined by the Court from the record, which shall include a typewritten copy of the evidence and the finding and award of the Board, without the aid of a jury, and the Court may reverse, affirm or modify the award of the Board or remand the cause to the Board for a rehearing. In case any cause shall be remanded to the Board for a rehearing, the procedure and the rights of all parties to such cause shall be the same as in the case of the original hearing before the Board. (c) The decision of the Court shall be in writing and shall show conformity to this chapter. It shall be filed with the prothonotary of the Court and such prothonotary shall file a certified copy thereof with the Board. When any such certified copy of the decision of the Court shall be filed as aforesaid, it shall be subject to § 2347 of this title, and if the Board shall, in accordance with such section, end, diminish, increase or renew the compensation, there shall be the same right of appeal as is provided in § 2349 of this title. (d) The prothonotary shall not require a deposit or security to cover costs incident to the taking of any appeal under this chapter. Costs may be awarded by the Court at its discretion, and when so awarded, the same costs shall be allowed, taxed and collected as are allowed, taxed and collected for like services in the Court. (e) If the decision of the Board is affirmed by an appellate court, the employee shall be entitled to all compensation plus interest at the legal rate from the time of the award by the Board. (f) The Superior Court may at its discretion allow a reasonable fee to claimant's attorney for services on an appeal from the Board to the Superior Court and from the Superior Court to the Supreme Court where the claimant's position in the hearing before the Board is affirmed on appeal. Such fee shall be taxed in the costs and become a part of the final judgment in the cause and may be recovered against the employer and the employer's insurance carrier as provided in this subchapter. Code 1915, §  3193r;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  5;  Code 1935, §  6088;  19 Del. C. 1953, §  2350;  50 Del. Laws, c. 339, §  15;  52 Del. Laws, c. 101, §  4;  69 Del. Laws, c. 218, §  1;  70 Del. Laws, c. 172, §  4;
19 DE Code § 2351. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2351. Physical examination of claimant on appeal; other additional evidence.

§ 2351. Physical examination of claimant on appeal; other additional evidence. (a) Upon the hearing of any appeal, the Court may appoint 1 or more impartial physicians or surgeons to examine the injuries of the claimant and to report thereon to the Court. The Court may fix the compensation of such physicians or surgeons, and tax such compensation as a part of the costs of the proceedings. The report shall not be conclusive of the facts therein stated but shall be advisory only. (b) The Court may, with or without notice to either party, cause testimony to be taken or provide for an inspection of the premises where the injury occurred and may require the time books or the payroll of the employer to be examined. Code 1915, §§  3193r, 3193w;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  5;  Code 1935, §§  6088, 6093;  19 Del. C. 1953, §  2351;
19 DE Code § 2352. (2021)
2021 Delaware Code|Title 19 - Labor|Chapter 23. Workers’ Compensation|Subchapter III. Determination and Payment of Benefits; Procedure|§ 2352. Persons entitled to institute proceedings for minors; notice to.

§ 2352. Persons entitled to institute proceedings for minors; notice to. 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 chapter to such parent, guardian or next friend. Code 1915, §  3193tt;  29 Del. Laws, c. 233;  32 Del. Laws, c. 186, §  4;  Code 1935, §  6116;  19 Del. C. 1953, §  2352;