Req. No. 5678 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1738 By: Townley
AS INTRODUCED
An Act relating to workers' compensation; amending
85A O.S. 2021, Section 47, which relates to death
benefits for certain survivors; increasing death
benefit amount; and providing an effective date .
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 85A O.S. 2021, Section 47, is
amended to read as follows:
Section 47. A. Time of death. If death does not result within
one (1) year from the date of the accident or within the first three
(3) years of the period for compensation payments fixed by the
compensation judgment, a rebu ttable presumption shall arise that the
death did not result from the injury.
B. Common law spouse. A common l aw spouse shall not be
entitled to benefits under this section unless he or she obtains an
order from the Workers ' Compensation Commission rulin g that a common
Req. No. 5678 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
law marriage existed between t he decedent and the surviving spouse.
The ruling by the Commissio n shall be exclusive in regard to
benefits under this section regardless of any district court
decision regarding the probate of the decedent 's estate.
C. Beneficiaries - Amounts. If an injury or occupational
illness causes death, weekly income benefits shall be payable as
follows:
1. If there is a surviving spouse, a lump -sum payment of One
Hundred Thousand Dollars ($100,000.00) and seventy pe rcent (70%) of
the lesser of the deceased empl oyee's average weekly wage and the
state average weekly wage. In addition to the benefits theretofore
paid or due, two (2) years ' indemnity benefit in one lump sum shall
be payable to a surviving spouse upon r emarriage;
2. If there is a surviving spouse and a child or children, a
lump-sum payment of Twenty -five Thousand Dollars ($25,000.00) and
fifteen percent (15%) of the lesser of the deceased employee 's
average weekly wage and the state average weekly wage to each child.
If there are more than two chi ldren, each child shall receive a pro
rata share of Fifty Thousand Dollars ($50,000.00) One Hundred
Thousand Dollars ($100,00 0.00) and thirty percent (30%) of the
deceased employee's average weekly wage;
3. If there is a child or children and no surviv ing spouse, a
lump-sum payment of Twenty -five Thousand Dollars ($25,0 00.00) and
fifty percent (50%) of th e lesser of the deceased employee 's average
Req. No. 5678 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
weekly wage and the state average weekly wage to each child. If
there are more than two children, each chi ld shall receive a pro
rata share of one hundred percent (100%) of th e lesser of the
deceased employee's average weekly wage and the state average weekly
wage. With respect to the lump -sum payment, if there are more than
six children, each child shall rec eive a pro rata share of One
Hundred Fifty Thousand Dollars ($150,000 .00);
4. If there is no surviving s pouse or children, each legal
guardian, if financially dependent on the employee at the time of
death, shall receive twenty -five percent (25%) of the l esser of the
deceased employee's average weekly wage and the state av erage weekly
wage until the earlier of death, becoming eligible for Social
Security, obtaining full -time employment, or five (5) years from the
date benefits under this section begin; and
5. The employer shall pay the actual funeral expenses, not
exceeding the sum of Ten Thousand Dollars ($ 10,000.00).
D. The weekly income benefits payable to the surviving spouse
under this section shall continue while the surviving spouse remains
unmarried. In no event shall this spousal weekly income benefit be
diminished by the award to other beneficiari es. The weekly income
benefits payable to any child under this section shall terminate on
the earlier of death, marriage, or reaching the age of eight een
(18). However, if the child turns eighteen (18) and is:
Req. No. 5678 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Enrolled as a full-time student in high school or is being
schooled by other means pursuant to the Oklahoma Constitution;
2. Enrolled as a full -time student in any accredited
institution of higher education or vocational or technology
education; or
3. Physically or mentally incapable of self -support,
then he or she may continue to receive weekly income benefits under
this section until the earlier of reaching the age of twenty -three
(23) or, with respect to paragraphs 1 and 2 of this subsection, no
longer being enrolled as a student, and with r espect to paragraph 3
of this subsection, becoming capable of self -support.
E. If any member of the class of beneficiaries who receive a
pro rata share of weekly income benefits becomes ineligible to
continue to receive benefits, the remaining members of the class
shall receive adjusted weekly income benefits equal to the new class
size.
F. To receive benefits under this section, a beneficiary or his
or her guardian, if applicable, shall file a proof of loss form with
the Commission. All questions of dep endency shall be determined as
of the time of the injury. The employer shall initiate payment of
benefits within fifteen (15) days of the Commission 's determination
of the proper beneficiaries. The Commission shall app oint a
guardian ad litem to represen t known and unknown minor children and
Req. No. 5678 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the guardian ad litem shall be paid a reasonable fee for his or her
services.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5678 MAH 01/08/23