2013 Kentucky Revised Statutes CHAPTER 342 - WORKERS' COMPENSATION 342.750 Income benefits for death -- Additional lump-sum payment for deaths occurring within four years of injury.
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342.750 Income benefits for death -- Additional lump-sum payment for deaths
occurring within four years of injury.
If the injury causes death, income benefits shall be payable in the amount and to or
for the benefit of the persons following, subject to the maximum limits specified in
subsections (3) and (4) of this section:
(1) (a) If there is a widow or widower and no children of the deceased, to such
widow or widower 50 percent of the average weekly wage of the
deceased, during widowhood or widowerhood.
(b) To the widow or widower, if there is a child or children living with the
widow or widower, 45 percent of the average weekly wage of the
deceased, or 40 percent, if such child is not or such children are not living
with a widow or widower, and in addition thereto, 15 percent for each
child. Where there are more than two (2) such children, the indemnity
benefits payable on account of such children shall be divided among such
children, share and share alike.
(c) Two (2) years' indemnity benefits in one (1) lump sum shall be payable to
a widow or widower upon remarriage.
(d) To the children, if there is no widow or widower, 50 percent of such wage
for one (1) child, and 15 percent for each additional child, divided among
such children, share and share alike.
(e) The income benefits payable on account of any child under this section
shall cease when he dies, marries, or reaches the age of eighteen (18), or
when a child over such age ceases to be physically or mentally incapable
of self-support, or if actually dependent ceases to be actually dependent,
or, if enrolled as a full-time student in any accredited educational
institution, ceases to be so enrolled or reaches the age of 22. A child who
originally qualified as a dependent by virtue of being less than 18 years of
age may, upon reaching age 18, continue to qualify if he satisfies the
tests of being physically or mentally incapable of self-support, actual
dependency, or enrollment in an educational institution.
(f) To each parent, if actually dependent, 25 percent.
(g) To the brothers, sisters, grandparents, and grandchildren, if actually
dependent, 25 percent to each such dependent. If there should be more
than one (1) of such dependents, the total income benefits payable on
account of such dependents shall be divided share and share alike.
(h) The income benefits of each beneficiary under paragraphs (f) and (g)
above shall be paid until he, if a parent or grandparent, dies, marries, or
ceases to be actually dependent, or, if a brother, sister, or grandchild,
dies, marries, or reaches the age of eighteen (18) or if over that age
ceases to be physically or mentally incapable of self-support, or ceases to
be actually dependent.
(i) A person ceases to be actually dependent when his or her income from
all sources exclusive of workers' compensation income benefits is such
that, if it had existed at the time as of which the original determination of
actual dependency was made, it would not have supported a finding of
dependency. In any event, if the present annual income of an actual
(2)
(3)
(4)
(5)
(6)
dependent person including workers' compensation income benefits at
any time exceeds the total annual support received by the person from
the deceased employee, the workers' compensation benefits shall be
reduced so that the total annual income is no greater than such amount of
annual support received from the deceased employee. In all cases, a
person found to be actually dependent shall be presumed to be no longer
actually dependent three (3) years after each time as of which the person
was found to be actually dependent. This presumption may be overcome
by proof of continued actual dependency as defined in this subsection,
but full payments shall not be suspended during the pendency of any
proceeding to determine dependency.
Upon the cessation of income benefits under this section to or on account of
any person, the income benefits of the remaining persons entitled to income
benefits for the unexpired part of the period during which their income benefits
are payable shall be that which such persons would have received if they had
been the only persons entitled to income benefits at the time of the decedent's
death.
For the purposes of this section, the average weekly wage of the employee
shall be taken as not more than the average weekly wage of the state as
determined in KRS 342.740. In no case shall the aggregate weekly income
benefits payable to all beneficiaries under this section exceed the maximum
income benefit that was or would have been payable for total disability to the
deceased, including benefits to his dependents.
The maximum weekly income benefits payable for all beneficiaries in case of
death shall not exceed 75 percent of the average weekly wage of the deceased
as calculated under KRS 342.140, subject to the maximum limits in subsection
(3) above. The maximum aggregate limitation shall not operate in case of
payment of two (2) years' income benefits to the widow or widower upon
remarriage as provided under paragraph (c) of subsection (1) of this section, to
prevent the immediate recalculation and payments of benefits to the remaining
beneficiaries as provided under subsection (2) of this section, but the weekly
income benefits as to such remaining beneficiaries shall not exceed the weekly
income benefit that was or would have been payable for total disability to the
deceased. The classes of beneficiaries specified in paragraphs (a), (b), and (d)
of subsection (1) of this section shall have priority over all other beneficiaries in
the apportionment of income benefits. If the provisions of this subsection
should prevent payment to other beneficiaries of the income benefits to the full
extent otherwise provided for by this section, the gross remaining amount of
income benefits payable to such other beneficiaries shall be apportioned by
class, proportionate to the interest of each class in the remaining amount.
Parents shall be considered to be in one class and those specified in
paragraph (f) of subsection (1) in another class.
All relations of dependency referred to in this section shall mean dependency
existing at the time of the accident to the employee or at the time his or her
disability from an occupational disease began.
In addition to other benefits as provided by this chapter, if death occurs within
four (4) years of the date of injury as a direct result of a work-related injury, a
(7)
lump-sum payment of fifty thousand dollars ($50,000) shall be made to the
deceased's estate, from which the cost of burial and cost of transportation of
the body to the employee's place of residence shall be paid. Annually, the
commissioner shall compute, in accordance with KRS 342.740, the increase or
decrease in the state average weekly wage, and consistent therewith, shall
adjust the amount of the lump-sum payment due under this subsection for
injuries occurring in the succeeding year.
All benefits awarded pursuant to this section, other than those provided in
subsection (6) of this section, shall be subject to the limitations contained in
KRS 342.730(4).
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1846, effective July 15, 2010. -Amended 2000 Ky. Acts ch. 514, sec. 39, effective July 14, 2000. -- Amended
1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 31, effective December 12, 1996. -Amended 1994 Ky. Acts ch. 181, sec. 28, effective April 4, 1994. -- Amended
1976 (1st Extra. Sess.) Ky. Acts ch. 26, sec. 2, effective January 1, 1977. -Created 1972 Ky. Acts ch. 78, sec. 16.
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