§ 8-42-117 — Benefits to partial dependents

(1) If death occurs to an injured
employee, other than as a proximate result of the injury, before disability indemnity
ceases and the deceased leaves persons partially dependent upon the deceased for
support, death benefits shall be as follows:

(a) Where the injury proximately caused permanent total disability, the death
benefit shall consist of that proportion of the unpaid and unaccrued portion of the
permanent total disability benefit which the employee would have received had the
employee lived until said employee had received compensation at the employee's
regular rate for a period of six years as the amount devoted by the deceased to the
support of such persons for the year immediately prior to the injury bears to the
total income of the persons during said year.

(b) Where the injury caused permanent partial disability, the death benefit
shall consist of that proportion of the unpaid and unaccrued portion of the
permanent partial disability benefit which the employee would have received if the
employee had lived as the amount devoted by the deceased to the support of such
persons for the year immediately prior to the injury bears to the total income of the
persons during said year.

Legislative History

Source: L. 90: Entire article R&RE, p. 496, � 1, effective July 1.