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



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



(2)  If there be no dependent widow, widower, or
reciprocal beneficiary, but one or more dependent children, then to such child
or 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 such
parent, or if both parents be dependent, to both of them, to be divided equally
between them; or if there be no such parents, but a dependent grandparent, then
to such grandparent, or if more than one, then to all of them to be divided
equally among them.



(4)  If there be no dependent widow, widower,
reciprocal beneficiary, child, parent, or grandparent, but there be a dependent
grandchild, 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 unpaid
balance of the compensation shall be paid in a lump sum into the special
compensation fund. [L 1963, c 116, pt of §1; Supp, §97-33; HRS §386-34; am L
1969, c 85, §1; am L 1972, c 42, §3; am L 1973, c 47, §2; gen ch 1985; am L
1997, c 383, §52]



 



Attorney General Opinions



 



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