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SENATE FLOOR VERSION
April 4, 2023
AS AMENDED
ENGROSSED HOUSE
BILL NO. 1738 By: Townley of the House
and
Alvord of the Senate
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 85 A 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 f or 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 s he obtains an
order from the Workers ' Compensation Commission ruling that a common
law marriage existed between the decedent and the surviving spouse.
The ruling by the Commissio n shall be exclusive in regard to
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benefits under this section regardless of a ny 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 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 spouse 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 employe e'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 percent (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
($100,000.00) and a pro rata share of thirty percent (30%) of the
deceased employee's average weekly wage;
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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 the lesser of the deceas ed 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 an d 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 spouse or children, eac h 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 eli gible 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 benefits 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
diminished by the award to other beneficiaries. The weekly income
benefits payable to any child under thi s section shall terminate on
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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 respect 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 dependency shall be deter mined 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
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guardian ad litem to represent known and unknown mi nor 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.
COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
April 4, 2023 - DO PASS AS AMENDED