Compensation for Death

If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following:

(a)Reasonable funeral expenses not exceeding Seven Thousand Four Hundred Thirty-five Dollars ($7,435).

(b)If there be a surviving spouse and no surviving dependent child of the deceased; to the surviving spouse thirty-five

(35)percentum of the average wages of the deceased until death or remarriage; and if there be a surviving dependent child or dependent children of the deceased, the additional amount of fifteen

(15)percentum of such wage for each child. In the case of the death or remarriage of such surviving spouse, if there be one

(1)surviving dependent child of the deceased employee, such child shall have his compensation increased to thirty-five

(35)percentum of such wages; and if there be more than one

(1)surviving dependent child of the deceased employee, to such dependent children in equal parts, thirtyfive

(35)percentum of such wages, increased by fifteen

(15)percentum of such wages for each dependent child in excess of one (1); provided that, the total amount payable shall in no case exceed two-thirds (2/3rds) of such wages. The Commissioner, may, at his discretion, require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement, the appointment of a guardian for such purposes shall not be necessary. COL5/12/2020 CH. 9 WORKER’S COMPENSATION

(c)If there be one

(1)surviving dependent child of the deceased, but no surviving spouse, then for the support of such dependent child, thirty-five

(35)percentum of the wages of the deceased. If there be more than one

(1)surviving dependent child of the deceased, but no surviving spouse, then for the support of such wages for each dependent child in excess of one. The total amount payable under this Section shall in no case exceed two-thirds (2/3rds) of such wages.

(d)If there be no surviving spouse or dependent children, or if the amount payable to a surviving spouse or to the dependent children shall be less in the aggregate than sixty-six

(66)and two-thirds (2/3rds) percentum of the average wages of the deceased; then for the support of surviving dependent grandchildren or surviving dependent brothers and sisters, if they were dependent upon the deceased at the time of the injury, fifteen

(15)percentum of such wages for the support of each such person; and for the support of each surviving dependent parent, or grandparent of the deceased if they were dependent upon him at the time of the injury, twenty-five

(25)percentum of such wages during such dependence. But in no case shall the aggregate amount payable under this Section exceed the difference between two-thirds (2/3rds) of such wages and the amount payable as hereinbefore provided to surviving spouse and for the support of surviving dependent child or children.

(e)In computing death benefits, the average weekly wages of the deceased shall be considered to have been not more than Seven Hundred Seventy-five Dollars ($775) per week nor less than Four Hundred Sixty-five Dollars ($465) per week.

(f)All questions of dependency shall be determined as of the time of the injury.

(g)Aliens. Compensation under this Title to aliens, not resident (or about to become non-residents) of the United States, Guam, or Canada, shall be the same amount as provided for residents; provided that, dependents in any COL5/12/2020 CH. 9 WORKER’S COMPENSATION foreign country shall be limited to the surviving spouse and surviving dependent child or children, or if there be no surviving spouse or dependent child or children, to surviving dependent parents whom the employee has supported, either wholly or in part, for the period of one

(1)year prior to the date of the injury; and provided that, the Commissioner may, at his option or upon the application of an insurance carrier, commute all future installments of compensation to be paid to such aliens by paying or causing to be paid to them one-half (1/2) of the commuted amounts of such future installments of compensation as determined by the Commission.