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.
Structure Delaware Code
Chapter 23. Workers’ Compensation
Subchapter II. Payments for Injuries or Death and Incidental Benefits
§ 2321. Minimum duration of incapacity.
§ 2322. Medical and other services, and supplies as furnished by employer.
§ 2322A. Workers' Compensation Oversight Panel.
§ 2322B. Procedures and requirements for promulgation of health-care payment system.
§ 2322C. Development of health-care practice guidelines.
§ 2322D. Certification of health-care providers.
§ 2322E. Development of consistent forms for health-care providers.
§ 2322F. Billing and payment for health-care services.
§ 2323. Selection of physician, surgeon, dentist, optometrist or chiropractor by employee.
§ 2324. Compensation for total disability.
§ 2325. Compensation during partial disability.
§ 2326. Compensation for certain permanent injuries.
§ 2327. Compensation for subsequent permanent injury; special fund for payment.
§ 2328. Compensation for death or disability from an occupational disease.
§ 2329. Compensation for disability resulting from occupational and other preexisting disease.
§ 2330. Compensation for death.
§ 2331. Burial expenses where death results from injury.
§ 2332. Death of employee as affecting compensation and other benefits.
§ 2333. Compensation of nonresident alien dependents; representation by consular officers.