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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1738 By: Townley
COMMITTEE SUBSTITUTE
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, Sec tion 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 rebuttable 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 ruling that a common
law marriage existed between the decedent and the surviving spouse.
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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 d ecedent'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 percent (70%) of
the lesser of the deceased employee '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 spo use upon remarriage;
2. If there is a surviving spouse and a one (1) child or
children, the child shall receive a lump-sum payment of Twenty -five
Thousand Dollars ($25,000.00) and fifteen p ercent (15%) of the
lesser of the deceased employee 's average weekly wage and the state
average weekly wage to each child. If there is more than one (1)
child but less than five (5) children, each child shall receive a
lump-sum payment of Twenty -five Thousand Dollars ($25,000.00) and a
pro rata share of thirty per cent (30%) of the deceased emp loyee's
average weekly wage. If there are five (5) or more than two
children, each child shall receive a pro rata share of Fifty
Thousand Dollars ($50,000.00) One Hundred Thousand Dollars
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($100,000.00) and a pro rata share of 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
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 aver age 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 ($150,000 .00);
4. If there is no surviving s pouse or children, each legal
guardian, if financially depende nt on the employee at the time of
death, shall receive twenty -five percent (25%) of the l esser of the
deceased employee's average weekly wage and the state av erage weekly
wage until the earlier of death, becoming eligible for Social
Security, obtaining ful l-time employment, or five (5) years from the
date benefits under this section begin; and
5. The employer shall pay the actual funeral expenses, not
exceeding the sum of Ten Thousand Dollars ($ 10,000.00).
D. The weekly income bene fits payable to the surv iving spouse
under this section shall continue while the surviving spouse remains
unmarried. In no event shall this spousal weekly income benefit be
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diminished by the award to other beneficiari es. The weekly income
benefits payable to any child under thi s 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:
1. Enrolled as a full-time student in high school or is being
schooled by other means pursuant to the Okl ahoma 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 b enefits 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 weekl y 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
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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
the guardian ad litem s hall be paid a reasonable fee for his or her
services.
SECTION 2. This act shall become effective November 1, 2023.
59-1-7725 GRS 02/23/23