77 Pa. Stat. § 1407

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 1407 - Compensation in case of death; amount; persons to whom paid; burial expenses; when compensation payable; remarriage of widow; meretricious relationship; basis of compensation; payment to guardian; account; bond

In case of death resulting from occupational disease, compensation shall be computed on the following basis, and distributed to the following persons, subject to the limitations of section 301 :

1. If there be no widow nor widower entitled to compensation, compensation shall be paid to the guardian of the child or children, or if there be no guardian, to such other persons as may be designated by the board as hereinafter provided, as follows:

(a) If there be one child, thirty-two per centum of wages of deceased, but not in excess of twenty-five dollars per week.

(b) If there be two children, forty-two per centum of wages of deceased, but not in excess of thirty-three dollars per week.

(c) If there be three children, fifty-two per centum of wages of deceased, but not in excess of forty-one dollars per week.

(d) If there be four children, sixty-two per centum of wages of deceased, but not in excess of forty-eight dollars per week.

(e) If there be five children, sixty-four per centum of wages of deceased, but not in excess of fifty-four dollars per week.

(f) If there be six or more children, sixty-six and two-thirds per centum of wages of deceased, but not in excess of sixty dollars per week.

2. To the widow or widower, if there be no children, fifty-one per centum of wages, but not in excess of thirty-nine dollars per week.

3. To the widow or widower, if there be one child, sixty per centum of wages, but not in excess of forty-six dollars per week.

4. To the widow or widower, if there be two children, sixty-six and two-thirds per centum of wages, but not in excess of fifty-four dollars per week.

5. To the widow or widower, if there be three or more children, sixty-six and two-thirds per centum of wages, but not in excess of sixty dollars per week.

6. If there be neither widow, widower, nor children, entitled to compensation, then to the father or mother, if dependents to any extent upon the employe at the time of his death, thirty-two per centum of wages, but not in excess of twenty-five dollars per week: Provided, however, That in the case of a minor child who has been contributing to his parents, the dependency of said parents shall be presumed: And provided further, That if the father or mother was totally dependent upon the deceased employe at the time of his death, the compensation payable to such father or mother shall be fifty-two per centum of wages, but not in excess of thirty-eight dollars per week.

7. If there be neither widow, widower, children, nor dependent parent, entitled to compensation, then to the brothers and sisters, if actually dependent upon the decedent for support at the time of his death, twenty-two per centum of wages for one brother or sister, and five per centum additional for each additional brother or sister, with a maximum of thirty-two per centum, such compensation to be paid to their guardian, or, if there be no guardian, to such other person as may be designated by the board, as hereinafter provided.

8. Whether or not there be dependents as aforesaid, the reasonable expense of burial, not exceeding seven hundred fifty dollars, which shall be paid by the employer or insurer directly to the undertaker (without deduction of any amounts theretofore paid for compensation or for medical expenses).

Compensation shall be payable under this section to or on account of any child, brother, or sister, only if and while such child, brother, or sister is under the age of eighteen. No compensation shall be payable under this section to a widow, unless she was living with her deceased husband at the time of his death, or was then actually dependent upon him and receiving from him a substantial portion of her support. No compensation shall be payable under this section to a widower, unless he be incapable of self-support at the time of his wife's death and be at such time dependent upon her for support. If members of decedent's household at the time of his death, the terms "child" and "children" shall include stepchildren, adopted children, and children to whom he stood in loco parentis, and shall include posthumous children. Should any dependent of a deceased employe die or remarry, or should the widower become capable of self-support, the right of such dependent or widower to compensation under this section shall cease: Provided, however, That if, upon investigation and hearing, it shall be ascertained that the widow or widower is living with a man or woman, as the case may be, in meretricious relationship and not married, or the widow living a life of prostitution, the board may order the termination of compensation payable to such widow or widower. If the compensation payable under this section to any person shall, for any cause, cease, the compensation to the remaining persons entitled thereunder shall thereafter be the same as would have been payable to them had they been the only persons entitled to compensation at the time of the death of the deceased.

The wages upon which death compensation shall be based shall not in any case be taken to exceed ninety dollars per week, nor be less than fifty dollars per week.

The board may, if the best interests of a child or children shall so require, at any time order and direct the compensation payable to a child or children, or to a widow or a widower, on account of any child or children, to be paid to the guardian of such child or children, or, if there be no guardian, to such other person as the board, as hereinafter provided, may direct. If there be no guardian or committee of any minor, dependent, or insane employe, or dependent, on whose account compensation is payable, the amount payable on account of such minor, dependent, or insane employe, or dependent may be paid to any surviving parent, or to such other person as the board may order and direct, and the board may require any person, other than a guardian or committee, to whom it has directed compensation for a minor, dependent, or insane employe, or dependent to be paid, to render, as and when it shall so order, accounts of the receipts and disbursements of such person, and to file with it a satisfactory bond in a sum sufficient to secure the proper application of the moneys received by such person.

77 P.S. § 1407

1939, June 21, P.L. 566, No. 284, § 307. Amended 1945, May 18, P.L. 661, § 1; 1949, May 14, P.L. 1379, § 2; 1952, Jan. 2, P.L. (1951) 1811, § 2; 1953, Aug. 24, P.L. 1389, § 3; 1956, Feb. 28, P.L.(1955) 1095, § 1; 1959, Dec. 1, P.L. 1678, § 1, effective in 60 days; 1961, Sept. 30, P.L. 1768, § 3; 1965, Nov. 10, P.L. 695, § 5; 1968, Dec. 9, P.L. 1150, No. 362, § 1.