§ 65-05-38 — Death of permanently and totally disabled employee - Surviving spouse

In the case of the death of an injured employee who is receiving permanent total disability
benefits, or additional benefits payable, if the injured employee was permanently and totally
disabled for at least ten years and was married to the surviving spouse for at least ten years, the
decedent's surviving spouse is eligible to receive no more than six months of the decedent's
permanent total disability benefits, supplementary benefits, and additional benefits payable in
the same manner as the deceased spouse would have been entitled to receive the benefits. A
surviving spouse is eligible for benefits under this section if the organization approved the
decedent for home health care services and reimbursed the surviving spouse for providing the
home health care services. The surviving spouse is not eligible for benefits under this section if
the surviving spouse is eligible for benefits under section 65-05-16. The eligibility of the
surviving spouse to receive benefits under this section terminates upon the remarriage of the
surviving spouse.