Delaware Code Title 19 Sec. 2329 – Compensation for disability resulting from occupational and other …
Whenever any disability from which any employee is suffering following the contraction of a compensable occupational disease is due in part to such occupational disease and in part to a preexisting disease or infirmity, the Board shall determine the proportion of such disability which is reasonably attributable to the occupational disease and the proportion which is reasonably attributable to the preexisting disease or infirmity and such employee shall be entitled to compensation only for that proportion of the disability which is reasonably attributable solely to the occupational disease.
Code 1915, § ?3193rr; 29 Del. Laws, c. 233; 30 Del. Laws, c. 203, § ?9; Code 1935, § ?6114; 41 Del. Laws, c. 241, § ?1; 19 Del. C. 1953, § ?2329; 70 Del. Laws, c. 172, § ?4; 70 Del. Laws, c. 186, § ?1;
Terms Used In Delaware Code Title 19 Sec. 2329
- 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