Section 23.30.215. Compensation for death.

   (a) If the injury causes death, the compensation is known as a death benefit and is payable in the following amounts to or for the benefit of the following persons:
        (1) reasonable and necessary funeral expenses not exceeding $10,000;
        (2) if there is a widow or widower or a child or children of the deceased, the following percentages of the spendable weekly wages of the deceased:
             (A) 80 percent for the widow or widower with no children;
             (B) 50 percent for the widow or widower with one child and 40 percent for the child;
             (C) 30 percent for the widow or widower with two or more children and 70 percent divided equally among the children;
             (D) 100 percent for an only child when there is no widow or widower;
             (E) 100 percent, divided equally, if there are two or more children and no widow or widower;
        (3) if the widow or widower remarries, the widow or widower is entitled to be paid in one sum an amount equal to the compensation to which the widow or widower would otherwise be entitled in the two years commencing on the date of remarriage as full and final settlement of all sums due the widow or widower;
        (4) if there is no widow or widower or child or children, then for the support of father, mother, grandchildren, brothers, and sisters, if dependent upon the deceased at the time of injury, 42 percent of the spendable weekly wage of the deceased to such beneficiaries, share and share alike, not to exceed $20,000 in the aggregate;
        (5) $5,000 to a surviving widow or widower, or equally divided among surviving children of the deceased if there is no widow or widower.
   (b) In computing death benefits, the spendable weekly wage of the deceased shall be computed under AS 23.30.220 and shall be paid in accordance with AS 23.30.155 and subject to the weekly maximum limitation in the aggregate as provided in AS 23.30.175, but the total weekly compensation may not be less than $75 for a widow or widower nor less than $25 weekly to a child or $50 for children.
   (c) All questions of dependency shall be determined as of the time of the injury, or death.
   (d) Compensation under this chapter to aliens not residents, or about to become nonresidents, of the United States or Canada is the same in amount as provided for residents, except that dependents in a foreign country are limited to widow or widower and child or children, or if there is no widow or widower and child or children, to surviving father or mother whom the employee has supported, either wholly or in part, for a period of one year before the date of injury.  The board, at its option, or upon the application of the insurance carrier, may commute all future installments of compensation to be paid to an alien dependent who is not a resident of the United States or Canada by paying or causing to be paid to the alien dependent one-half of the commuted amount of the future installments of compensation as determined by the board.
   (e) Death benefits payable to a widow or widower in accordance with (a) of this section shall abate as that person ceases to be entitled and does not inure to persons subject to continued entitlement.  In the event a child ceases to be entitled, that child's share shall inure to the benefit of the surviving spouse subject to adjustment as provided in (f) of this section.
   (f) Except as provided in (g) of this section, the death benefit payable to a widow or widower shall terminate 12 years following death of the deceased employee.
   (g) The provisions of (f) of this section do not apply to a widow or widower who at the time of death of the deceased worker is permanently and totally disabled.  The death benefits payable to a widow or widower are not subject to reduction under (f) of this section after the widow or widower has attained the age of 52 years.
   (h) In the event a deceased worker is survived by children of a former marriage not living with the surviving widow or widower, then those children shall receive the amount being paid under a decree of child support; the difference between this amount and the maximum benefit payable under this section shall be distributed pro rata to the remainder of those entitled.
   (i) In the event the total amount of all benefits computed under (a)(2) of this section exceeds the maximum benefit provided in AS 23.30.175, the maximum benefit under AS 23.30.175 shall be prorated among entitled survivors.

Authorities

23.30.040;26.05.260

Notes

Recent Bills that will modify this

HB 3 WORKERS' COMPENSATION DEATH BENEFITS
HB 114 WORKERS' COMPENSATION: DEATH BENEFITS

References

AS 23.30.040 Second injury fund.
AS 26.05.260 Pay and allowances.

History

(Sec. 8 ch 193 SLA 1959; am Sec. 1 ch 9 SLA 1962; am Sec. 3 ch 99 SLA 1966; am Sec. 1 ch 12 SLA 1968; am Sec. 34 ch 32 SLA 1971; am Sec. 1 ch 56 SLA 1974; am Sec. 88, 89 ch 127 SLA 1974; am Sec. 7 - 12 ch 83 SLA 1975; am Sec. 5 - 8 ch 75 SLA 1977; am Sec. 10, 11 ch 70 SLA 1983; am Sec. 8 ch 75 SLA 1995; am Sec. 18, 19 ch 105 SLA 2000; am Sec. 2 ch 77 SLA 2010)