Delaware Code Title 19 Sec. 2323 – Selection of physician, surgeon, dentist, optometrist or chiropractor …
Any employee who alleges an industrial injury shall have the right to employ a physician, surgeon, dentist, optometrist or chiropractor of the employee’s own choosing. Notice of the employee’s intention to employ medical aid as aforesaid shall be given to the employee’s employer or its insurance carrier or to the Board. Notice that medical aid was employed as aforesaid shall be given within 30 days thereafter to the employer or its insurance carrier in writing. If the alleged injury is subsequently held to be compensable, the employer shall be liable for the reasonable cost of the services of any physician, surgeon, dentist, optometrist or chiropractor whose employment was utilized by the employee provided notice of said employment was given to the employer or its insurance carrier.
Code 1915, § ?3193h; 29 Del. Laws, c. 233; 30 Del. Laws, c. 203, § ?2; 32 Del. Laws, c. 186, § ?1; Code 1935, § ?6078; 44 Del. Laws, c. 201; 19 Del. C. 1953, § ?2323; 50 Del. Laws, c. 267, § ?2; 53 Del. Laws, c. 126, § ?3; 55 Del. Laws, c. 83, § ?2; 70 Del. Laws, c. 172, § ?4; 70 Del. Laws, c. 186, § ?1;
Terms Used In Delaware Code Title 19 Sec. 2323
- 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
- Employer: includes all those who employ others unless they are excluded from the application of this chapter by any provision of this subchapter, and if the employer is insured, the term shall include the insurer as far as practicable; employer shall also include the governing body for which employable relief recipients are assigned work under §§ 901-905 of Title 31. See Delaware Code Title 19 Sec. 2301
- Insurance carrier: means any insurance corporation, mutual association or company or interinsurance exchange which insures employers against liability under this chapter or against liability at common law for accidental injuries to employees. See Delaware Code Title 19 Sec. 2301