23-1046

23-1046. Death benefits

A. In case of an injury causing death, the compensation therefor shall be known as
a death benefit and shall be payable in the amount, for the period, and to and for the
benefit of the following:

1. Burial expenses, not to exceed five thousand dollars, in addition to the
compensation.

2. To the surviving spouse, if there are no children, sixty-six and two-thirds per
cent of the average monthly wage of the deceased, to be paid until such spouse's death or
remarriage, with two years' compensation in one sum upon remarriage. To the surviving
spouse if there are surviving children, thirty-five per cent of the average monthly wage
of the deceased, to be paid until such spouse's death or remarriage with two years'
compensation in one sum upon remarriage, and to the surviving children, an additional
thirty-one and two-thirds per cent of the average monthly wage, to be divided equally
among them until the age of eighteen years, until the age of twenty-two years if the
child is enrolled as a full-time student in any accredited educational institution, or if
over eighteen years and incapable of self-support when the child becomes capable of
self-support. When all surviving children are no longer eligible for benefits, the
surviving spouse's benefits shall be paid as if there were no children. In the event of
the subsequent death or remarriage of the surviving spouse, the surviving child's or
children's benefits shall be computed pursuant to paragraph 3.

3. To a single surviving child, in the case of the subsequent death or remarriage
of a surviving husband or wife, or if there is no surviving husband or wife, sixty-six
and two-thirds per cent of the average monthly wage of the deceased, or if there is more
than one surviving child, sixty-six and two-thirds per cent to be divided equally among
the surviving children. Compensation to any such child shall cease upon death, upon
marriage or upon reaching the age of eighteen years, except, if over eighteen years and
incapable of self-support, when he becomes capable of self-support, or if over eighteen
years of age and enrolled as a full-time student in any accredited educational
institution, when the child reaches age twenty-two.

4. To a parent, if there is no surviving husband, wife or child under the age of
eighteen years, if wholly dependent for support upon the deceased employee at the time of
his death, twenty-five per cent of the average monthly wage of the deceased during
dependency, with an added allowance of fifteen per cent if two dependent parents survive,
and, if neither parent is wholly dependent, but one or both partly dependent, fifteen per
cent divided between them share and share alike.

5. To brothers or sisters under the age of eighteen years, if there is no surviving
husband or wife, dependent children under the age of eighteen years or dependent parent,
the following shall govern:

(a) If one of the brothers or sisters is wholly dependent upon the deceased
employee for support at the time of injury causing death, twenty-five per cent of the
average monthly wage until the age of eighteen years.

(b) If more than one brother or sister is wholly dependent, thirty-five per cent of
the average monthly wage at the time of injury causing death, divided among such
dependents share and share alike.

(c) If none of the brothers or sisters is wholly dependent, but one or more are
partly dependent, fifteen per cent divided among such dependents share and share alike.

B. If the deceased employee leaves dependents only partially dependent upon his
earnings for support at the time of the injury, the monthly compensation shall be equal
to such proportion of the monthly payments for the benefit of persons totally dependent
as the amount contributed by the employee to such partial dependents bears to the average
wage of the deceased at the time of the injury resulting in his death. The duration of
compensation to partial dependents shall be fixed by the commission in accordance with
the facts shown, and in accordance with the provisions of section 23-1047, but shall in
no case exceed compensation for one hundred months.

C. In the event of death of a dependent before expiration of the time named in the
award, the funeral expenses of such person, not to exceed eight hundred dollars, shall be
paid.