Delaware § 2349 Exceptions

Delaware Statutes

§ 2349 — Exceptions

Delaware·Title 19·Part Workers’ Compensation·Subch. Determination and Payment of Benefits; Procedure

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, fo

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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.

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Legislative History

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.