Delaware Code Title 19 Sec. 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;
Terms Used In Delaware Code Title 19 Sec. 2325
- Board: means the Industrial Accident Board. See Delaware Code Title 19 Sec. 2301
- Employee: means every person in service of any corporation (private, public, municipal or quasi-public), association, firm or person, excepting those employees excluded by this subchapter, under any contract of hire, express or implied, oral or written, or performing services for a valuable consideration, excluding spouse and minor children of a farm employer unless the spouse or minor child is a bona fide employee of a farm employer and is named in an endorsement to the farm employer's contract of insurance, and excluding any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his or her employer, and not including persons to whom articles or materials are furnished or repaired, or adopted for sale in the worker's own home, or on the premises not under the control or management of the employer. See Delaware Code Title 19 Sec. 2301
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302