Delaware Code Title 19 Sec. 2345 – Hearing upon disagreement on amount of compensation or benefits
If the employer and employee, or the employee’s dependents in the case of the employee’s death, fail to reach agreement in regard to compensation under this chapter, or if after they reach such an agreement the Board shall refuse to approve the same, either party may notify the Department of the facts and the Department shall thereupon notice the time and place of hearing which shall be served on all parties in interest personally, by secure email with an electronic receipt or by certified mail. The Board or a hearing officer with consent of the parties shall hear and determine the matter in accordance with the facts and the law and state its conclusions of fact and rulings of law.
Code 1915, §§ ?3193o, 3193tt; 29 Del. Laws, c. 233; 32 Del. Laws, c. 186, § ?4; Code 1935, §§ ?6085, 6116; 19 Del. C. 1953, § ?2345; 70 Del. Laws, c. 172, § ?4; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 84, § ?14; 71 Del. Laws, c. 422, § ?2; 81 Del. Laws, c. 333.;
Terms Used In Delaware Code Title 19 Sec. 2345
- Board: means the Industrial Accident Board. See Delaware Code Title 19 Sec. 2301
- Department: means the Department of Labor. 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
- Hearing officer: means a hearing officer appointed pursuant to § 2301B of this title. See Delaware Code Title 19 Sec. 2301
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302