KRS 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 ma ximum 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 t hereto, 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) lum p 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 depe ndent 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 year s 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, die s, 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 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 f ound 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.

(2) Upon the cess ation 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 suc h persons would have received if they had been the only

persons entitled to income benefits at the time of the decedent's death.

(3) For the purposes of this section, the average weekly wage of the employee shall be

taken as not more than the average weekl y 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 deceas ed, including benefits to

his dependents.

(4) 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 th e

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 ap portioned 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.

(5) 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.

(6) 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 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 p lace 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 s ubsection for injuries occurring in the succeeding

year.

(7) 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).