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to examination shall suspend compensation during refusal.

XV. JURISDICTION AND PROCEDURE.

If employer and injured employee shall fail to reach an agreement in regard to compensation, either party may notify the Commissioner, who shall appoint an early hearing, giving parties notice. After hearing the Commissioner shall send each party a copy of his finding and award and shall file a third copy in his office, the original award to be filed in office of Clerk of Superior Court for county in which injury occurred. If no appeal is taken in ten days such finding and award shall be final and enforced in same manner as judgment of Superior Court. At any time within. ten days after entry of finding and award by Commissioner either party may appeal to Superior Court. When Superior Court shall be of the opinion the decision involves principles of law not free from reasonable doubt Court may of its own motion reserve such case for opinion of Supreme Court of Errors. When Commissioner finds a claim involves a doubtful question of law he makes a pro forma award and the case comes before the Superior Court as though an appeal had been taken, and said Court shall thereupon reserve the case for opinion of the Supreme Court of Errors in manner indicated; provided in opinion of Superior Court the principles of law involved are in fact free from reasonable doubt and public interest does not require that they be determined by Supreme Court of Errors, the Superior Court may, in its discretion, hear and determine the controversy as in other cases.

DELAWARE.

(Enacted Laws 1917, Chapter 233; Amended Laws 1919, Chapter 203; Amended Laws 1921, Chapter 186.)

I. SCOPE AND APPLICATION.

1. Applies to every person, firm, association and corporation having in its service any employee under contract of hire. for a valuable consideration, but not including any person whose employment is casual and not in regular course of business of his employer, farm laborers, domestic servants, officers and servants of State or any governmental agency created by it, nor to their respective employee, nor to employer or employees in any employment in which less than five persons are employed nor to employers or employees engaged in interstate or foreign commerce and when laws of United States provide for compensation or for liability for death or injury.

2. Every employer and employee conclusively presumed to be bound by compensatory provisions of act, and to have accepted the provision to pay compensation for injury or death by accident, regardless of question of negligence and to the exclusion of all other rights and remedies unless prior to such injury or death, either party shall have given notice to other party of election not to be bound.

3. In action instituted after September 1, 1917, to recover damages for injury or death of employee it shall not be a defense.

a. Negligence of fellow servant.

b. Assumed risk.

c. That employee was negligent, but foregoing provisions shall not apply to actions for injury or death of employee who has elected not to operate under act, nor to actions instituted against employer who shall have elected to operate under act, provided when both have elected not to operate under act the employer shall be deprived of defenses.

II. COMPENSATION.

1. FOR INJURIES RESULTING IN DEATH:

1. To child or children, if there be no widow or widower, 25 per cent of wages, with 10 per cent additional for each

child in excess of two, with a maximum of 60 per cent, to be paid to their guardian.

2. To widow or widower, if no children, 25 per cent of wages.

3. To widow or widower, if one child, 40 per cent of wages. 4. To widow or widower, if two children, 45 per cent of wages.

5. To widow or widower, if three children, 50 per cent of wages.

6. To widow or widower, if there be four children, 55 per cent

of wages.

7. To widow or widower, if there be five children or more, 60 per cent of wages. Compensation for widow or widower to be for use of widow or widower and of dependent children, and Industrial Board may apportion in such way as it deems best.

8. If neither widow, widower nor children, then to father or mother, or survivor, if dependent to any extent upon employee for support at time of death, 20 per cent of wages. 9. If neither widow, widower, children nor dependent parent, then to brothers and sisters, if actually dependent, 15 per cent of wages of one brother or sister and 5 per cent additional for each additional brother or sister, with maximum of 25 per cent, such compensation to be paid to their guardian. Compensation payable while child, brother or sister is under sixteen years. No compensation payable to widow unless living with husband at time of death or was actually dependent for support, but in such case compensation distributed to person dependents in case there was no widow. No compensation to widower unless incapable of self-support.

Child and children include stepchildren and adopted children and posthumous children but not married children. Should dependent of deceased employee die, or widow or widower remarry or widower become capable of selfsupport, right of such dependent or such widow or widower to compensation shall cease.

If compensation of any person shall cease, compensation of remaining persons shall be the same as would have been payable to them at time of death of deceased, provided period shall be reduced by number of weeks during which payments were made to deceased or any other person or class. In case of death within one year, reasonable expenses of last sickness and burial, not exceeding $100.00.

2. FOR INJURIES NOT RESULTING IN DEATH:

(a) Medical and hospital. During first thirty days after injury, reasonable surgical, medical and hospital service, cost not to exceed $100.00. Refusal of such services if it increases incapacity forfeits right to compensation for such increase.

(b) For partial disability. Fifty per centum of difference between the wages received by injured employee before injury and the earning power thereafter, not more than $15.00 per week, for not more than 285 weeks. Should total disability be followed by partial disability the period of 285 weeks shall be reduced by number of weeks during which compensation was paid for such total disability. (c) Specific injuries. For loss of a hand, 50 per cent of wages during 158 weeks; for loss of arm, 50 per cent of wages during 194 weeks; for loss of foot, 50 per cent of wages during 135 weeks; for loss of leg, 50 per cent of wages during 194 weeks; for loss of eye, 50 per cent of wages during 113 weeks; for the loss of two or more of such members, not constituting total disability, 50 per cent of wages during aggregate period specified for each; for loss of thumb, 50 per cent of wages during 60 weeks; for loss of first finger, commonly called index finger, 50 per cent of wages during 35 weeks; for loss of second finger, 50 per cent of wages during 30 weeks; for loss of third finger, 50 per cent of wages during 20 weeks; for loss of fourth finger, commonly called little finger, 50 per cent of wages during 15 weeks.

Loss of first phalange of thumb or any finger considered to be equal to loss of one-half of such thumb or finger and compensation shall be one-half of period and compensation for loss of one-half of first phalange shall be for one-fourth of period.

The loss of more than one phalange shall be considered as loss of entire finger or thumb, providing in no case shall amount received for more than one finger exceed the amount provided in schedule for loss of a hand.

For loss of great toe, 50 per cent of wages during thirty weeks; for loss of one of toes, other than great toe, 50 per cent of wages during ten weeks; the loss of first phalange of any toe shall be considered equal to loss of one-half of such toe and compensation shall be for one-half of period.

Loss of more than one phalange considered as loss of entire toe.

For loss of fractional part of vision of an eye, compensation shall be percentage of total number of weeks allowed for total loss of an eye under subsection (c) as loss suffered bears to total loss of eye.

In all other cases in this class, or when usefulness of member or any physical function is permanently impaired, the compensation shall bear such relation to amount stated in above schedule as disabilities bear to those produced by injuries named in schedule.

Compensation shall not be more than $15.00 per week nor less than $5.00 if at time of injury employee receives wages less than $5.00 per week, then he shall receive full amount of such wages per week as compensation. (d) Total disability. For the first 475 weeks, 50 per cent of wages, but the compensation shall not be more than $15.00 per week nor less than $5.00 per week, and shall not exceed in the aggregate $4,000.00, provided if employee receives wages less than $5.00 per week he shall receive full amount of such wages per week as compensation.

Should partial disability be followed by total disability, the period of 475 weeks shall be reduced by the number of weeks during which compensation was paid for such partial disability.

Unless the Board shall otherwise determine from the facts, the loss of both hands, both arms, or both feet, or both legs, or both eyes, or an injury to spine resulting in permanent and complete paralysis of both legs, or both arms, or of one leg and one arm, or an injury to the skull resulting in incurable imbecility or insanity shall constitute total disability.

III. BASIS FOR COMPENSATION.

The wages upon which death compensation shall be based shall not in any case be taken to exceed $30.00 per week nor less than $10.00. Wages mean the money rate at which services rendered is recompensed under contract of hiring in force at time of accident and shall not include gratuities nor board nor lodging or similar advantages received from employer. In occupations involving seasonal employment the employee's wages shall be taken to be one-fiftieth of total wages he earned from all occupations during year preceding accident, unless it be shown during such year such method of computation does not ascertain fairly the earnings. In continuous employment, if immediately prior to accident the rate of wages as fixed by day or hour, or by output of employee his weekly wages shall be taken to be five and one-half times his average earnings at such a rate for working day of ordinary length, excluding earnings from overtime and

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