Delaware § 2396 Workers’ Compensation Fund; reimbursement of carriers

Delaware Statutes

§ 2396 — Workers’ Compensation Fund; reimbursement of carriers

Delaware·Title 19·Part Workers’ Compensation·Subch. Taxes and Charges Upon Insurance Carriers and Self-Insurers; Workers’ Compensation Fund

(a)The Workers’ Compensation Fund is created for the purpose of making payments under § 2327, § 2334, or § 2347 of this title by any insurance carrier.

(b)The Department shall perform the administrative, ministerial, fiscal and clerical functions of the Workers’ Compensation Fund. The Fund shall be a party to and shall be represented by a Deputy Attorney General in any proceeding involving possible reimbursement to or from the Fund, and if the decision is against the Fund, the Fund may secure judicial review thereof by commencing an action in Superior Court in the county in which the hearing was held. Any expenses incurred in defense of the Fund are payable from said Fund.

(c)With respect to payments made subject to reimbursement under subsection (a) of this section, insurance carrier

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(a) The Workers’ Compensation Fund is created for the purpose of making payments under § 2327, § 2334, or § 2347 of this title by any insurance carrier.

(b) The Department shall perform the administrative, ministerial, fiscal and clerical functions of the Workers’ Compensation Fund. The Fund shall be a party to and shall be represented by a Deputy Attorney General in any proceeding involving possible reimbursement to or from the Fund, and if the decision is against the Fund, the Fund may secure judicial review thereof by commencing an action in Superior Court in the county in which the hearing was held. Any expenses incurred in defense of the Fund are payable from said Fund.

(c) With respect to payments made subject to reimbursement under subsection (a) of this section, insurance carriers, on or before December 15 and July 1 of each year, shall file with the Department a report setting forth the money expended for said payments during the previous 6 months. Reimbursement to such insurance carrier shall be made on January 15 and August 1 each year.

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Legislative History

Code 1915, § 3193j; 29 Del. Laws, c. 233 ; 30 Del. Laws, c. 203, § 3 ; Code 1935, § 6080; 45 Del. Laws, c. 299, § 1 ; 46 Del. Laws, c. 26 ; 19 Del. C. 1953, § 2396; 58 Del. Laws, c. 96, § 5 ; 58 Del. Laws, c. 531, § 6 ; 71 Del. Laws, c. 84, § 23 ; 72 Del. Laws, c. 79, § 1