Workers' Compensation Hot Tips From Delaware

• If an injured worker’s average weekly wage is lower than the state minimum rate, the injured worker should receive the average weekly wage as the compensation rate. The injured worker does not receive the benefit of a higher compensation rate.

• If a claim is accepted as compensable, the carrier should send an Agreement as to Compensation to the injured worker for signature and then file with the Industrial Accident Board. The body parts or injuries accepted should be detailed on the agreement.

• An injured worker has the right to rely on his treating physician when the provider totally disables him or her. Total disability benefits must be continued until the Board issues an order terminating the benefits, the injured worker agrees to terminate the benefits, or the injured worker dies. If the injured worker returns to work, a receipt for compensation must be signed and filed with the Industrial Accident Board.

_{What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}