44-510b. Compensation where death results from injury; compensation upon remarriage; apportionment; burial expenses; limitations on compensation; annual statement by surviving spouse.
44-510b
44-510b. Compensation where deathresults from injury;compensation upon remarriage; apportionment; burial expenses;limitations on compensation; annual statement by surviving spouse.Where death results from injury, compensation shall be paid as providedin K.S.A. 44-510h and 44-510i and amendments thereto, and asfollows:
(a) If an employee leaves any dependents wholly dependent upon theemployee's earnings at the time of the accident, all compensationbenefits under this section shall be paid to such dependent persons.There shall be an initial payment of $40,000 to the surviving legal spouseor a wholly dependent child or children or both. The initial payment shall notbe subject to the 8% discount as provided in K.S.A. 44-531 and amendmentsthereto. The initial payment shall be immediately due and payable andapportioned 50% to the surviving legal spouse and 50% to thedependent children. Thereafter, suchdependents shall be paid weekly compensation, except as otherwiseprovided in this section, in a total sum to all such dependents, equalto 66 2/3% of the average grossweekly wage of the employee at the time of the accident, computed asprovided in K.S.A. 44-511 and amendments thereto, but in noevent shall such weekly benefits exceed the maximumweekly benefits provided in K.S.A. 44-510c andamendments thereto,nor be less than a minimum weekly benefit of the dollar amount nearest to50% of the state's average weekly wage as determined pursuant to K.S.A. 44-511and amendments theretosubject to the following:
(1) If the employee leaves a surviving legal spouse or a whollydependent child or children, or both, who are eligible for benefitsunder this section,then all death benefits shall be paid to such surviving spouseor children, or both, and no benefits shall be paid to any otherwholly or partiallydependent persons.
(2) A surviving legal spouse shall be paid compensation benefits forlife, except as otherwise provided in this section.
(3) Any wholly dependent child of the employee shall be paidcompensation, except as otherwise provided in this section, until suchdependent child becomes 18 years ofage. A wholly dependent child of theemployee shall be paid compensation, except as otherwise provided in thissection, until such dependent child becomes 23 years of age during any periodof time that one of the following conditions is met:
(A) The wholly dependent child is not physically or mentally capable ofearning wages in any type of substantial and gainful employment; or
(B) the wholly dependent child is a student enrolled full-time in anaccredited institution of higher education or vocational education.
(4) If the employee leaves no legal spouse or dependent childreneligible for benefits under this section but leaves other dependentswholly dependent upon the employee's earnings, such other dependentsshall receive weekly compensation benefits as provided inthis subsection until death, remarriage or so long as such otherdependents do not receive more than 50% of their supportfrom any other earnings or income or from any other source, except thatthe maximum benefits payable to all such other dependents, regardless ofthe number of such other dependents, shall not exceed a maximum amountof $18,500.
(b) Where the employee leaves a surviving legal spouse anddependentchildren who were wholly dependent upon the employee's earnings and areeligible for benefits under this section 50% of the maximumweekly benefits payable shall be apportioned to such spouse and50%to such dependent children.
(c) If an employee does not leave any dependents who werewhollydependent upon the employee's earnings at the time of the accident butleaves dependents, other than a spouse or children, in part dependent onthe employee's earnings, such percentage of a sum equal to threetimes the employee's average yearly earnings but not exceeding $18,500but not less than $2,500, as such employee's average annualcontributions which the employee made to the support of such dependentsduring the two years preceding the date of the accident, bears tothe employee's average yearly earnings during the contemporaneoustwo-year period, shall be paid in compensation to such dependents, inweekly payments as provided in subsection (a), not toexceed $18,500 to all suchdependents.
(d) If an employee does not leave any dependents, eitherwholly orpartially dependent upon the employee, a lump-sum payment of $25,000 shall bemade to the legal heirs of such employee in accordance with Kansas law.However under no circumstances shall such payment escheat to the state.Notwithstanding the provisions of this subsection, no such payment shall berequired if the employer has procured a life insurance policy, withbeneficiaries designated by the employee, providing coverage in an amount notless than $18,500.
(e) The administrative law judge, except as otherwiseprovided in this section,shall have the power and authority to apportion and reapportion thecompensation allowed under this section, either to wholly dependentpersons or partially dependent persons, in accordance with the degree ofdependency as of the date of the accident, except that the weeklypayment of compensation to any and all dependents shall not exceed themaximum nor be less than the minimum weekly benefits provided insubsection (a).
(f) In all cases of death compensable under this section,theemployer shall pay the reasonable expense of burial not exceeding$5,000.
(g) The marriage or death of any dependent shall terminateallcompensation, under this section, to such dependentexcept the marriage of the surviving legalspouse shall not terminate benefits to such spouse. Upon the deathof the surviving legal spouse or the marriage or death ofa dependent child, the compensation payable to such spouse or childshall be reapportioned to those, among the surviving legal spouse anddependent children, who remain eligible to receive compensation underthis section.
(h) Notwithstanding any other provision in this section tothecontrary, the maximum amount of compensation benefits payable under thissection, including the initial payment in subsection (a) to any and alldependents by the employer shall not exceed atotal amount of $250,000 and when suchtotal amount has been paid the liability of the employer for anyfurther compensation under this section to dependents, other than minorchildren of the employee, shall cease except that the payment ofcompensation under this section to any minor child of the employee shallcontinue for the period of the child's minority at the weekly rate ineffect when the employer's liability is otherwise terminated under thissubsection and shall not be subject to termination under thissubsection until such child becomes 18 years of age.
(i) Persons receiving benefits under this section shall submit an annualstatement to the insurance carrier, self-insured employer or group-fundedworkers compensation pool paying the benefits, in such form and containing suchinformation relating to eligibility for compensation under this section as maybe required by rules and regulations of the director. If the person receivingbenefits under this section is a surviving spouse or a dependent child who hasreached the age of majority, such person shall personally submit an annualstatement. If the person receiving benefits under this section is a dependentchild subject to a conservator, the conservator of such child shall submit theannual statement. If such person fails to submit an annual statement, the payerof benefits may notify the director of such failure and the director shallnotify the person of the failure by certified mail with return receipt. If suchperson fails to submit the annual statement or fails to reasonably provide therequired information within 30 days after receipt of the notice from thedirector, all compensation benefits paid under this section to such personshall be suspended until the annual statement is submitted in proper form tothe payer of benefits.
History: L. 1968, ch. 102, § 4;L. 1970, ch. 190, § 4;L. 1972, ch. 161, § 11;L. 1974, ch. 203, § 11;L. 1977, ch. 177, § 1;L. 1977, ch. 175, § 1;L. 1979, ch. 156, § 5;L. 1983, ch. 167, § 2;L. 1987, ch. 187, § 4;L. 1993, ch. 286, § 31;L. 1997, ch. 125, § 5;L. 1998, ch. 120, § 4;L. 2000, ch. 160, § 7;L. 2002, ch. 122, § 2; July 1.