reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2310. Applicability to persons engaged in interstate or foreign commerce.

§ 2310. Applicability to persons engaged in interstate or foreign commerce.
This chapter shall not apply to employees injured or killed while engaged in interstate or foreign commerce or to their employers whenever the laws of the United States provide for compensation or for liability for such injury or death.
Code 1915, §  3193ww;  29 Del. Laws, c. 233;  Code 1935, §  6119;  19 Del. C. 1953, §  2310;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2312. Volunteer firefighters treated as State employees; election by volunteer fire companies; revocation; wage as basis for compensation.

§ 2312. Volunteer firefighters treated as State employees; election by volunteer fire companies; revocation; wage as basis for compensation.
(a) For the purposes of this chapter, volunteer firefighters shall be treated as State employees so long as the State elects to be covered by the application of this chapter.
(b) If the State elects not to be covered by the application of this chapter, then any duly organized volunteer fire company of the State may elect to be bound by the compensatory provisions of this chapter, provided that the election receives a majority vote of the members of the company at a duly called meeting of the company, and notice of the election is forwarded in writing to the Department. Any volunteer fire company which elects to be bound by the compensatory provisions of this chapter may, subsequent to the election, revoke the election provided the revocation receives a majority vote of the members of the company at a duly called meeting of the company and notice of the revocation is forwarded in writing to the Department.
(c) The wage of volunteer firefighters on which compensation is based shall be the wage received in the regular employment of such firefighters.
(d) For the purpose of this section, “volunteer fire company” and “volunteer firefighters” shall also include junior members, Auxiliary members, paid employees of volunteer fire companies, volunteer ambulance companies of this State, volunteer ambulance company members, paid employees of volunteer ambulance companies and members of the University of Delaware Emergency Care Unit.
Code 1915, §  3193vv;  29 Del. Laws, c. 233;  36 Del. Laws, c. 253;  Code 1935, §  6118;  44 Del. Laws, c. 202, §  3;  46 Del. Laws, c. 28;  19 Del. C. 1953, §  2312;  64 Del. Laws, c. 412, §  1;  66 Del. Laws, c. 31, §  1;  69 Del. Laws, c. 210, §  1;  70 Del. Laws, c. 172, §  6;  70 Del. Laws, c. 303, §  1;  70 Del. Laws, c. 561, §  1;  71 Del. Laws, c. 84, §  7;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2313. Record and report of injuries by employers; penalty; admissibility as evidence.

§ 2313. Record and report of injuries by employers; penalty; admissibility as evidence.
(a) Every employer to whom this chapter applies shall keep a record of all injuries, fatal or otherwise, received by employees in the course of their employment. Within 10 days after knowledge of the occurrence of an accident resulting in personal injury, a report thereof shall be made in writing by the employer to the Department in duplicate on blanks to be procured from the Department for that purpose. The employer shall provide a copy of the report of injury to the employee upon completion of the report. Upon the termination of the disability of the injured employee, the employer shall make a supplemental report to the Department.
(b) The reports shall contain the name and nature of the business of the employer, the location of the employer's establishment or place of work, the name, age, sex and occupation of the injured employee and shall state the time, nature and cause of the injury and such other information as may be required for properly carrying out this chapter. The employee's copy shall contain a summary of the law as provided by the Department.
(c) Whoever, being an employer, refuses or neglects to make a report required by this section shall be fined not less than $100 nor more than $250 for each offense. In the event the employer can show that the failure to make a report required by this section was caused by the refusal of the insurance carrier for the employer to report a reportable injury which the insurance carrier had knowledge of and of which the employer had no knowledge, after written request therefor, the aforementioned fine may be levied against said insurance carrier. The fine shall be assessed by the Industrial Accident Board after the employer and/or the insurance carrier for the employer is given notice and a hearing on the violation. The fine shall be payable to the Workers' Compensation Fund.
(d) Reports made in accordance with this section shall not be evidence against the employer in any proceedings under this chapter or otherwise but shall be exclusively for the information of the Department in securing data to be used in connection with the performance of their duties.
Code 1915, §  3193x;  29 Del. Laws, c. 233;  Code 1935, §  6094;  19 Del. C. 1953, §  2313;  54 Del. Laws, c. 280, §  1;  59 Del. Laws, c. 454, §  5;  70 Del. Laws, c. 95, §  1;  70 Del. Laws, c. 172, §  4;  71 Del. Laws, c. 84, §§  3, 9, 10;  73 Del. Laws, c. 105, §§  1, 2;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2314. Defenses unavailable in action for compensation.

§ 2314. Defenses unavailable in action for compensation.
In any action instituted by any person to recover damages for personal injury sustained by an employee by accident arising out of and in the course of employment within this State or for death resulting from injury so sustained, it shall not be a defense that:
(1) The injury or death was caused in whole or in part by the want of ordinary or reasonable care of or by the negligence of a fellow employee; or
(2) The employee had either expressly or impliedly assumed the risk of the injury; or
(3) Injury was caused in any degree by the negligence of such employee.
Code 1915, §  3193b;  29 Del. Laws, c. 233;  Code 1935, §  6072;  43 Del. Laws, c. 269, §  1;  19 Del. C. 1953, §  2314;  70 Del. Laws, c. 172, §  4;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2315. Compensation to illegally employed minors.

§ 2315. Compensation to illegally employed minors.
The right to receive compensation under this chapter shall not be affected by the fact that a minor is employed or is permitted to be employed in violation of the laws of the State relating to employment of minors or that the minor obtained employment by misrepresenting the minor's own age.
19 Del. C. 1953, §  2315;  49 Del. Laws, c. 429, §  2;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2316. Licensed real estate salespersons and licensed associate real estate brokers who are independent contractors.

§ 2316. Licensed real estate salespersons and licensed associate real estate brokers who are independent contractors.
(a) This chapter shall not apply to licensed real estate salespersons or licensed associate real estate brokers who are affiliated with a licensed real estate broker under a written contract pursuant to which they are remunerated on a commission only basis and are designated as independent contractors and who qualify as independent contractors for federal tax purposes, except that a licensed real estate broker with whom they have such contracts shall have the right to elect to carry insurance to insure the payment of workers' compensation to them or their dependents for part or all of the period of such affiliation.
(b) For the purposes of this section, a licensed real estate broker with whom such licensed real estate salespersons and licensed associate real estate brokers have such independent contract affiliation shall inform in writing such licensed real estate salespersons and such licensed associate real estate brokers whether the licensed real estate broker has elected to carry insurance to insure the payment of workers' compensation to them or their dependents. If a licensed real estate broker intends to change the election concerning workers' compensation, the licensed real estate broker shall notify any licensed real estate salespersons or licensed associate real estate brokers affected thereby at least 30 days prior to the effective date of the change in the election.
66 Del. Laws, c. 116, §  1;  70 Del. Laws, c. 172, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter I. General Provisions › § 2317. HAZMAT team members treated as State employees; wage as basis for compensation.

§ 2317. HAZMAT team members treated as State employees; wage as basis for compensation.
(a) For purposes of this chapter, HAZMAT team members shall be treated as State employees so long as the State elects to be covered by application of this chapter.
(b) The wage of HAZMAT team members on which compensation is based shall be the wage received in the regular employment of such HAZMAT team members.
(c) For purposes of this section, HAZMAT team members shall include all those persons designated as HAZMAT response team members by the Department of Natural Resources and Environmental Control and/or the State Fire School, and shall include personnel currently or previously employed by private industry.
(d) Covered incidents shall include any incident where the HAZMAT team members are notified to respond, including travel to and from the incident, the incident itself, and cleanup after the incident, and any training exercises.
72 Del. Laws, c. 155, §  1;  77 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter II. Payments for Injuries or Death and Incidental Benefits › § 2321. Minimum duration of incapacity.

§ 2321. Minimum duration of incapacity.
Permanent injury relating to hearing or vision loss, surgical, medical and hospital services, medicines and supplies, and funeral benefits shall be paid from the first day of injury. Beginning with the fourth day of incapacity, all compensation otherwise provided by law shall be paid. If the incapacity extends to 7 days or more, including the day of injury, the employee shall receive all compensation otherwise provided by law from the first day of injury.
Code 1915, §  3193h;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  2;  32 Del. Laws, c. 186, §  1;  37 Del. Laws, c. 239, §  1;  Code 1935, §  6078;  43 Del. Laws, c. 269, §  6;  19 Del. C. 1953, §  2321;  49 Del. Laws, c. 429, §  1;  70 Del. Laws, c. 205, §  1;  70 Del. Laws, c. 532, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter II. Payments for Injuries or Death and Incidental Benefits › § 2323. Selection of physician, surgeon, dentist, optometrist or chiropractor by employee.

§ 2323. Selection of physician, surgeon, dentist, optometrist or chiropractor by employee.
Any employee who alleges an industrial injury shall have the right to employ a physician, surgeon, dentist, optometrist or chiropractor of the employee's own choosing. Notice of the employee's intention to employ medical aid as aforesaid shall be given to the employee's employer or its insurance carrier or to the Board. Notice that medical aid was employed as aforesaid shall be given within 30 days thereafter to the employer or its insurance carrier in writing. If the alleged injury is subsequently held to be compensable, the employer shall be liable for the reasonable cost of the services of any physician, surgeon, dentist, optometrist or chiropractor whose employment was utilized by the employee provided notice of said employment was given to the employer or its insurance carrier.
Code 1915, §  3193h;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  2;  32 Del. Laws, c. 186, §  1;  Code 1935, §  6078;  44 Del. Laws, c. 201;  19 Del. C. 1953, §  2323;  50 Del. Laws, c. 267, §  2;  53 Del. Laws, c. 126, §  3;  55 Del. Laws, c. 83, §  2;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter II. Payments for Injuries or Death and Incidental Benefits › § 2324. Compensation for total disability.

§ 2324. Compensation for total disability.
For injuries resulting in total disability occurring after July 1, 1975, the compensation to be paid during the continuance of total disability shall be 662/3% of the wages of the injured employee, as defined by this chapter, but the compensation shall not be more than 662/3% of the average weekly wage per week as announced by the Secretary of the Department of Labor for the last calendar year for which a determination of the average weekly wage has been made, nor less than 222/9% of the average weekly wage per week. If at the time of the injury the employee receives wages of less than 222/9% of the average weekly wage per week, then the employee shall receive the full amount of such wages per week, as compensation. Nothing in this section shall require the payment of compensation after disability ceases.
Code 1915, §  3193j;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  3;  32 Del. Laws, c. 186, §  2;  35 Del. Laws, c. 192, §  1;  37 Del. Laws, c. 239, §  2;  Code 1935, §  6080;  43 Del. Laws, c. 269, §  8;  45 Del. Laws, c. 297, §  1;  46 Del. Laws, c. 29;  47 Del. Laws, c. 160, §  1;  48 Del. Laws, c. 190, §  1;  19 Del. C. 1953, §  2324;  50 Del. Laws, c. 339, §  6;  50 Del. Laws, c. 465, §  2;  52 Del. Laws, c. 27;  57 Del. Laws, c. 520, §  1;  59 Del. Laws, c. 454, §  10;  70 Del. Laws, c. 172, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter II. Payments for Injuries or Death and Incidental Benefits › § 2325. Compensation during partial disability.

§ 2325. Compensation during partial disability.
For injuries resulting in partial disability for work, except the particular cases mentioned in § 2326(a)-(g) of this title, the compensation to be paid shall be 662/3 percent of the difference between the wages received by the injured employee before the injury and the earning power of the employee thereafter; but such compensation shall not be more than 662/3 percent of the average weekly wage per week as announced by the Secretary of Labor for the last calendar year for which a determination of the average weekly wage has been made. This compensation shall be paid during the period of such partial disability for work, not, however, beyond 300 weeks. In construing the words “earning power of the employee thereafter” as those words appear in this section, the Board shall take into consideration the value of gratuities, board, lodging and similar advantages received by the employee in subsequent employment.
Code 1915, §§  139A, 3193j, 3193tt;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  3;  32 Del. Laws, c. 186, §§  2, 4;  35 Del. Laws, c. 192, §  1;  37 Del. Laws, c. 239, §  2;  Code 1935, §  6080;  43 Del. Laws, c. 269, §  8;  45 Del. Laws, c. 297, §  2;  47 Del. Laws, c. 160, §  2;  48 Del. Laws, c. 190, §  2;  19 Del. C. 1953, §  2325;  50 Del. Laws, c. 339, §  7;  52 Del. Laws, c. 45, §  1;  57 Del. Laws, c. 520, §  2;  61 Del. Laws, c. 515, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter II. Payments for Injuries or Death and Incidental Benefits › § 2327. Compensation for subsequent permanent injury; special fund for payment.

§ 2327. Compensation for subsequent permanent injury; special fund for payment.
(a) Whenever a subsequent permanent injury occurs to an employee who has previously sustained a permanent injury, from any cause, whether in line of employment or otherwise, the employer for whom such injured employee was working at the time of such subsequent injury shall be required to pay only that amount of compensation as would be due for such subsequent injury without regard to the effect of the prior injury. Whenever such subsequent permanent injury in connection with a previous permanent injury results in total disability as defined in § 2326 of this title, the employee shall be paid compensation for such total disability, as provided in § 2324 of this title, during the continuance of total disability, such compensation to be paid out of a special fund known as “Workers' Compensation Fund”; any insurance carrier desiring reimbursement from the Fund shall file a petition for payment, provided all claim for reimbursement shall be forever barred unless the insurance carrier files a petition with the Department for reimbursement for payments under this section within 2 years after the date on which the employee was first paid total disability benefits following the subsequent permanent injury.
(b) This section shall apply only to employers insured by insurance carriers. It shall not apply to self-insured employers who shall be responsible for payment of their own claims under this section and who shall not be eligible for further reimbursement for payments made under this section after the effective date of the Workers' Compensation Improvement Act of 1997. Awards to self-insureds for reimbursements under this section are revoked as of the effective date of the Workers' Compensation Improvement Act of 1997.
Code 1915, §  3193j;  29 Del. Laws, c. 233;  30 Del. Laws, c. 203, §  3;  32 Del. Laws, c. 186, §  2;  Code 1935, §  6080;  43 Del. Laws, c. 269, §  8;  45 Del. Laws, c. 299, §  1;  46 Del. Laws, c. 30;  19 Del. C. 1953, §  2327;  58 Del. Laws, c. 531, §  6;  71 Del. Laws, c. 84, §§  9, 12;  72 Del. Laws, c. 319, §  1;
2023 Delaware Code › Title 19 - Labor › Chapter 23. Workers’ Compensation › Subchapter II. Payments for Injuries or Death and Incidental Benefits › § 2328. Compensation for death or disability from an occupational disease.

§ 2328. Compensation for death or disability from an occupational disease.
The compensation payable for death or disability total in character and permanent in quality resulting from an occupational disease shall be the same in amount and duration and shall be payable in the same manner and to the same persons as would have been entitled thereto had the death or disability been caused by an accident arising out of and in the course of the employment.
In determining the duration of temporary total and/or temporary partial and/or permanent partial disability, and the duration of such payments for the disabilities due to occupational diseases, the same rules and regulations as are applicable to accidents or injuries shall apply.
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, §  2328;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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.;
2023 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.;
2023 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;
2023 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.;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;