CHAPTER 206
THE DELAWARE WORKMEN)S COMPENSATION LAW AN ACT to Amend an Act known and cited as "The Delaware Workmen's Compensation Law of 1917," being Chapter 90 of the Revised Code of Delaware as amended by Chapter 233, Volume 29, Laws of Delaware, and Chapter 203, Volume 30 Laws of Delaware, by defining the terms "employers" and "employee" as used in said Act, by providing that said Act shall apply to The Mayor and Council of Wilmington, a municipal corporation of the State of Delaware; and for other purposes.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section I. That Chapter 90 of the Revised Code of the State of Delaware, as amended by Chapter 233, Volume Amended 29, Laws of Delaware, and Chapter 203, Volume 30, Laws of Delaware, be and the same is hereby further amended by the repeal of 3193 pp. Section 135; and the insertion in lieu thereof of the following, to be styled 3193 pp. Section 135:
3193 pp. Section 135: The following shall constitute employers subject to the provisions of this Article: Every Person, firm, association and corporation, private, public or municipal (excepting the employers mentioned in 3193 vv. Section 141 and 3193 vv.. Section 142 hereof) having in his or its service any employee defined in 3193 qq. Section 136 of this Article. If the employer is insured, it shall include his or its insurer as far as practicable.
Section 2. That Chapter 90 of the Revised Code of the State of Delaware, as amended by Chapter 233, Volume 29, Amended Laws of Delaware, and Chapter 203, Volume 30, Laws of Delaware, be and the same is hereby further amended by the repeal of 3193 cm. Section 136, and the insertion in lieu thereof of the following, to be styled 3193 qq. Section 136:
3193 qq. Section 136: The term "employee" as used in this Article shall be construed to mean:
Every person in the service of any person, firm, association and corporation-private, public or municipal (excepting the employees mentioned in 3193 vv. Section 141 and 3193 vv. Section 142 hereof) under any contract of hire, expressed or implied, oral or written, or performing services for a valuable consideration, but not including any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his employer, and not including persons to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired, or adapted for sale in the worker's own home, or on other premises not under the control or management of the employer.
Section 3. That Chapter 90 of the Revised Code of the State of Delaware, as amended by Chapter 233, Volume 29, Laws of Delaware and Chapter 203, Volume 30, Laws of Delaware, be and the same is hereby further amended by the repeal of 3193 vv. Section 141, and the insertion in lieu thereof of the following, to be styled 3193 vv. Section 141 3193 vv. Section 141:
This Article shall not apply to the employers or employees in any employment in which less than five employees are engaged; nor to farm laborers and domestic servants or to their respective employers; nor to officers and servants of the State or any governmental agency s created by it, excepting officers and servants of The Mayor and Council of Wilmington, a Municipal corporation of the State of Delaware, who shall have been neither elected or appointed for a term of office of fixed and definite duration or to complete the unexpired portion of any such term; provided, however, that the said The Mayor and Council of Wilmington shall at all times apply to the Industrial Accident Board for a certificate for self insurance.
Approved March 28, A. D. 1923.