Delaware § 2332 Death of employee as affecting compensation and other benefits

Delaware Statutes

§ 2332 — Death of employee as affecting compensation and other benefits

Delaware·Title 19·Part Workers’ Compensation·Subch. Payments for Injuries or Death and Incidental 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

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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.

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Legislative History

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