| (5) |
| (a) |
If injury causes death within a period of 312 weeks from the date of the accident, the employer or insurance carrier shall pay:
| (i) |
the burial expenses of the deceased as provided in Section 34A-2-418; and |
| (ii) |
benefits in the amount and to a person provided for in this Subsection (5). |
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| (b) |
| (i) |
If there is a wholly dependent person at the time of the death, the payment by the employer or the employer's insurance carrier shall be:
| (A) |
subject to Subsections (5)(b)(i)(B) and (C), 66-2/3% of the decedent's average weekly wage at the time of the injury; |
| (B) |
not more than a maximum of 85% of the state average weekly wage at the time of the injury per week; and |
| (C) |
| (I) |
not less than a minimum of $45 per week, plus:
| (Aa) |
$20 for a dependent spouse; and |
| (Bb) |
$20 for each dependent minor child under the age of 18 years, up to a maximum of four such dependent minor children; and |
|
| (II) |
not exceeding:
| (Aa) |
the average weekly wage of the employee at the time of the injury; and |
| (Bb) |
85% of the state average weekly wage at the time of the injury per week. |
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| (ii) |
Compensation shall continue during dependency for the remainder of the period between the date of the death and the expiration of 312 weeks after the date of the injury. |
| (iii) |
| (A) |
The payment by the employer or the employer's insurance carrier to a wholly dependent person during dependency following the expiration of the first 312-week period described in Subsection (5)(b)(ii) shall be an amount equal to the weekly benefits paid to the wholly dependent person during the initial 312-week period, reduced by 50% of the federal social security death benefits the wholly dependent person:
| (I) |
is eligible to receive for a week as of the first day the employee is eligible to receive a Social Security death benefit; and |
|
| (B) |
An employer or the employer's insurance carrier may not reduce compensation payable under this Subsection (5)(b)(iii) on or after May 5, 2008, to a wholly dependent person by an amount related to a cost-of-living increase to the social security death benefits that the wholly dependent person is first eligible to receive for a week, notwithstanding whether the employee is injured on or before May 4, 2008. |
| (C) |
For purposes of a wholly dependent person whose compensation payable is reduced under this Subsection (5)(b)(iii) on or before May 4, 2008, the reduction is limited to the amount of the reduction as of May 4, 2008. |
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| (iv) |
The issue of dependency is subject to review at the end of the initial 312-week period and annually after the initial 312-week period. If in a review it is determined that, under the facts and circumstances existing at that time, the applicant is no longer a wholly dependent person, the applicant:
| (A) |
may be considered a partly dependent or nondependent person; and |
| (B) |
shall be paid the benefits as may be determined under Subsection (5)(d)(iii). |
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| (c) |
| (i) |
For purposes of a dependency determination, a surviving spouse of a deceased employee is conclusively presumed to be wholly dependent for a 312-week period from the date of death of the employee. This presumption does not apply after the initial 312-week period. |
| (ii) |
| (A) |
In determining the annual income of the surviving spouse after the initial 312-week period, there shall be excluded 50% of a federal social security death benefit that the surviving spouse:
| (I) |
is eligible to receive for a week as of the first day the surviving spouse is eligible to receive a Social Security death benefit; and |
|
| (B) |
An employer or the employer's insurance carrier may not reduce compensation payable under this Subsection (5)(c)(ii) on or after May 5, 2008, to a surviving spouse by an amount related to a cost-of-living increase to the social security death benefits that the surviving spouse is first eligible to receive for a week, notwithstanding whether the employee is injured on or before May 4, 2008. |
| (C) |
For purposes of a surviving spouse whose compensation payable is reduced under this Subsection (5)(c)(ii) on or before May 4, 2008, the reduction is limited to the amount of the reduction as of May 4, 2008. |
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| (d) |
| (i) |
If there is a partly dependent person at the time of the death, the payment shall be:
| (A) |
subject to Subsections (5)(d)(i)(B) and (C), 66-2/3% of the decedent's average weekly wage at the time of the injury; |
| (B) |
not more than a maximum of 85% of the state average weekly wage at the time of the injury per week; and |
| (C) |
not less than a minimum of $45 per week. |
|
| (ii) |
Compensation shall continue during dependency for the remainder of the period between the date of death and the expiration of 312 weeks after the date of injury. Compensation may not amount to more than a maximum of $30,000. |
| (iii) |
The benefits provided for in this Subsection (5)(d) shall be in keeping with the circumstances and conditions of dependency existing at the date of injury, and any amount paid under this Subsection (5)(d) shall be consistent with the general provisions of this chapter and Chapter 3, Utah Occupational Disease Act. |
| (iv) |
Benefits to a person determined to be partly dependent under Subsection (5)(c):
| (A) |
shall be determined in keeping with the circumstances and conditions of dependency existing at the time of the dependency review; and |
| (B) |
may be paid in an amount not exceeding the maximum weekly rate that a partly dependent person would receive if wholly dependent. |
|
| (v) |
A payment under this section shall be paid to a person during a person's dependency by the employer or the employer's insurance carrier. |
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| (e) |
| (i) |
Subject to Subsection (5)(e)(ii), if there is a wholly dependent person and also a partly dependent person at the time of death, the benefits may be apportioned in a manner consistent with Section 34A-2-414. |
| (ii) |
The total benefits awarded to all parties concerned may not exceed the maximum provided for by law. |
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