§ 97-40. Commutation and payment of compensation in absence of dependents; "next of kin" defined; commutation and distribution of compensation to partially dependent next of kin; payment in absence of
§ 97‑40. Commutationand payment of compensation in absence of dependents; "next of kin"defined; commutation and distribution of compensation to partially dependentnext of kin; payment in absence of both dependents and next of kin.
Subject to the provisions ofG.S. 97‑38, if the deceased employee leaves neither whole nor partialdependents, then the compensation which would be payable under G.S. 97‑38to whole dependents shall be commuted to its present value and paid in a lumpsum to the next of kin as herein defined. For purposes of this section and G.S.97‑38, "next of kin" shall include only child, father, mother,brother or sister of the deceased employee, including adult children or adultbrothers or adult sisters of the deceased, but excluding a parent who haswillfully abandoned the care and maintenance of his or her child and who hasnot resumed its care and maintenance at least one year prior to the firstoccurring of the majority or death of the child and continued its care andmaintenance until its death or majority. For all such next of kin who areneither wholly nor partially dependent upon the deceased employee and who takeunder this section, the order of priority among them shall be governed by thegeneral law applicable to the distribution of the personal estate of personsdying intestate. In the event of exclusion of a parent based on abandonment,the claim for compensation benefits shall be treated as though the abandoningparent had predeceased the employee. For all such next of kin who were alsopartially dependent on the deceased employee but who exercise the electionprovided for partial dependents by G.S. 97‑38, the general law applicableto the distribution of the personal estate of persons dying intestate shall notapply and such person or persons upon the exercise of such election, shall beentitled, share and share alike, to the compensation provided in G.S. 97‑38for whole dependents commuted to its present value and paid in a lump sum.
If the deceased employeeleaves neither whole dependents, partial dependents, nor next of kin ashereinabove defined, then no compensation shall be due or payable on account ofthe death of the deceased employee, except that the employer shall pay or causeto be paid the burial expenses of the deceased employee not exceeding threethousand five hundred dollars ($3,500) to the person or persons entitledthereto. (1929,c. 120, s. 40; 1931, c. 274, s. 5; c. 319; 1945, c. 766; 1953, c. 53, s. 2; c.1135, s. 2; 1963, c. 604, s. 4; 1965, c. 419; 1967, c. 84, s. 5; 1971, c. 1179;1981, c. 379; 1987, c. 729, s. 10; 2001‑232, s. 3.1.)