TITLE 72

WORKER’S COMPENSATION AND RELATED LAWS — INDUSTRIAL COMMISSION

CHAPTER 4

BENEFITS

72-431.  Inheritability of scheduled or unscheduled income benefits. When an employee who has sustained disability compensable as a scheduled or unscheduled permanent disability less than total, and who has filed a valid claim in his lifetime, dies from causes other than the injury or occupational disease before the expiration of the compensable period specified, the income benefits specified and unpaid at the employee’s death, whether or not accrued or due at the time of his death, shall be paid, under an award made before or after such death, to and for the benefit of the persons within the classes at the time of death and in the proportions and upon the conditions specified in this subsection and in the order named:

(1)  To the dependent widow or widower, if there is no child under the age of eighteen (18) or child incapable of self-support; or

(2)  If there are both such a widow or widower and such a child or children, one-half (1/2) to such widow or widower and the other one-half (1/2) to such child or children; or

(3)  If there is no such widow or widower but such a child or children, then to such child or children; or

(4)  If there is no survivor in the above classes, then to the personal representative of the decedent.

History:

[72-431, added I.C., sec. 72-431, as added by 1971, ch. 124, sec. 3, p. 422.]