§ 8-41-503 — Dependency and extent determined - how

(1) Dependents and
the extent of their dependency shall be determined as of the date of the injury to
the injured employee, and the right to death benefits shall become fixed as of said
date irrespective of any subsequent change in conditions except as provided in
section 8-41-501 (1)(c). Death benefits shall be directly payable to the dependents
entitled thereto or to such person legally entitled thereto as the director may
designate.

(2) In case an employee or claimant entitled to compensation dies leaving
dependents, any accrued and unpaid portion of the compensation or benefits up to
the time of the death of such employee or claimant shall be paid to such
dependents as may be ordered by the director and not to the legal representative
as such of said decedent. In case the injured employee or claimant leaves no
dependents, the director may order the application of any accrued and unpaid
benefits up to the time of the death of such employee or claimant paid upon the
expenses of the last sickness or funeral of such decedent, the preference in such
payment to be to funeral expenses.

(3) In case an injured employee or dependent of a deceased employee
entitled to benefits under articles 40 to 47 of this title is declared incompetent or
insane, any benefits accrued or to accrue may be paid to the conservator of the
estate, if any, or to any dependents, or to the party or institution having custody of
the person of such injured employee or dependent of a deceased employee as may
be ordered by the director in the director's discretion.

Legislative History

Source: L. 90: Entire article R&RE, p. 484, � 1, effective July 1. L. 91: (1) amended, p. 1351, � 2, effective May 29.