2.  Death

 

§386-41  Entitlement to and rate ofcompensation.  (a)  Funeral and burial allowance.  Where a work injurycauses death, the employer shall pay funeral expenses not to exceed ten timesthe maximum weekly benefit rate to the mortician and burial expenses not toexceed five times the maximum weekly benefit rate to the cemetery selected bythe family including a reciprocal beneficiary or next of kin of the deceased orin the absence of such family including a reciprocal beneficiary or next of kin,by the employer.  Such payments shall be made directly to the mortician andcemetery; provided that when the deceased has a pre-paid funeral and burialplan such payments for funeral and burial expenses, not to exceed the foregoinglimits, shall be made directly to the surviving spouse or reciprocalbeneficiary or the decedent's estate if there is no surviving spouse orreciprocal beneficiary.

(b)  Weekly benefits for dependents.  Inaddition, the employer shall pay weekly benefits to the deceased's dependentsat the percentages of the deceased's average weekly wages specified below,taking into account not more than the maximum weekly benefit rate prescribed insection 386-31 divided by .6667 and not less than the minimum prescribed in thesection divided by .6667.

To the dependent widow, widower, or reciprocalbeneficiary, if there are no dependent children, fifty per cent.

To the dependent widow, widower, or reciprocalbeneficiary, if there are one or more dependent children of the deceased,sixty-six and two-thirds per cent.  The compensation to the widow, widower, orreciprocal beneficiary shall be for the use and benefit of the widow, widower,or reciprocal beneficiary and of the dependent children, and the director oflabor and industrial relations from time to time may apportion the compensationbetween them in such way as the director deems best.

If there is no dependent widow, widower, orreciprocal beneficiary, but a dependent child, then to the child forty percent, and if there is more than one dependent child, then to the children inequal parts sixty-six and two-thirds per cent.

If there is no dependent widow, widower, orreciprocal beneficiary, or child, but there is a dependent parent, then to theparent, if wholly dependent fifty per cent, or if partially dependenttwenty-five per cent; if both parents are dependent, then one-half of theforegoing compensation to each of them; if there is no dependent parent, butone or more dependent grandparents, then to each of them the same compensationas to a parent.

If there is no dependent widow, widower, orreciprocal beneficiary, child, parent or grandparent, but there is a dependentgrandchild, brother, or sister, or two or more of them, then to thosedependents thirty-five per cent for one dependent, increased by fifteen percent for each additional dependent, to be divided equally among the dependentsif more than one.

(c)  Maximum weekly amounts.  The sum of allweekly benefits payable to the dependents of the deceased employee shall notexceed sixty-six and two-thirds per cent of the employee's average weeklywages, computed by observing the limits specified in subsection (b), ifnecessary, the individual benefits shall be proportionally reduced.

(d)  Liability in the absence of dependents.  Ifthere be no dependents who are entitled to benefits under this section, theemployer shall pay an amount equal to twenty-five per cent of three hundred andtwelve times the effective maximum weekly benefit rate provided in section386-31, to the nondependent parent or parents.  If there be no such parent orparents, the employer shall pay the sum into the special compensation fund,pursuant to an order made by the director.  The employer, pursuant to an ordermade by the director, shall pay any remaining balance into the specialcompensation fund, if the weekly benefits to which dependents are entitledterminate without totalling the amounts as calculated above. [L 1963, c 116, ptof §1; am L 1965, c 152, §1(b); Supp, §97-40; HRS §386-41; am L 1971, c 24, §1and c 101, §1; am L 1972, c 42, §4; am L 1973, c 64, §1; am L 1974, c 153, §4;am L 1977, c 87, §1; am L 1982, c 52, §1; gen ch 1985; am L 1991, c 72, §1 andc 98, §1; am L 1997, c 383, §53]

 

Attorney General Opinions

 

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

 

Case Notes

 

  The date-of-death maximum weekly benefit rate should be usedto calculate death benefits.  109 H. 255, 125 P.3d 476.

  Cited:  43 H. 173, 175.