§386-34  Payment after death.  Where anemployee is entitled to weekly income and indemnity benefits for permanenttotal or permanent partial disability and dies from any cause other than thecompensable work injury, payment of any unpaid balance of the benefits to theextent that the employer is liable therefor, but not to exceed the amountprescribed under section 386-32(a) for other cases, shall be made to theemployee's dependents as provided herein.  If, at the time of the death, theemployee is entitled to any benefits from the special compensation fund, thebenefits shall also be paid to the employee's dependents as provided herein:

(1)  To a dependent widow, widower, or reciprocalbeneficiary, for the use of the widow, widower, or reciprocal beneficiary, andthe dependent children, if any.  The director of labor and industrial relationsmay from time to time apportion such compensation among the widow, widower, orreciprocal beneficiary, and any dependent children.

(2)  If there be no dependent widow, widower, orreciprocal beneficiary, but one or more dependent children, then to such childor children to be divided equally among them if more than one.

(3)  If there be no dependent widow, widower,reciprocal beneficiary, or child, but there be a dependent parent, then to suchparent, or if both parents be dependent, to both of them, to be divided equallybetween them; or if there be no such parents, but a dependent grandparent, thento such grandparent, or if more than one, then to all of them to be dividedequally among them.

(4)  If there be no dependent widow, widower,reciprocal beneficiary, child, parent, or grandparent, but there be a dependentgrandchild, brother, or sister, then to such dependent, or if more than one,then to all of them to be divided equally among them.

(5)  If there be no such dependents, the unpaidbalance of the compensation shall be paid in a lump sum into the specialcompensation fund. [L 1963, c 116, pt of §1; Supp, §97-33; HRS §386-34; am L1969, c 85, §1; am L 1972, c 42, §3; am L 1973, c 47, §2; gen ch 1985; am L1997, c 383, §52]

 

Attorney General Opinions

 

  Cited in discussion of hanai children.  Att. Gen. Op. 93-1.