A. In case of an injury causing death, the compensation therefor shall be known as a death benefit and shall be payable in the amount, for the period, and to and for the benefit of the following:
1. Burial expenses, not to exceed five thousand dollars, in addition to the compensation.
2. To the surviving spouse, if there are no children, sixty-six and two-thirds per cent of the average monthly wage of the deceased, to be paid until such spouse's death or remarriage, with two years' compensation in one sum upon remarriage. To the surviving spouse if there are surviving children, thirty-five per cent of the average monthly wage of the deceased, to be paid until such spouse's death or remarriage with two years' compensation in one sum upon remarriage, and to the surviving children, an additional thirty-one and two-thirds per cent of the average monthly wage, to be divided equally among them until the age of eighteen years, until the age of twenty-two years if the child is enrolled as a full-time student in any accredited educational institution, or if over eighteen years and incapable of self-support when the child becomes capable of self-support. When all surviving children are no longer eligible for benefits, the surviving spouse's benefits shall be paid as if there were no children. In the event of the subsequent death or remarriage of the surviving spouse, the surviving child's or children's benefits shall be computed pursuant to paragraph 3.
3. To a single surviving child, in the case of the subsequent death or remarriage of a surviving husband or wife, or if there is no surviving husband or wife, sixty-six and two-thirds per cent of the average monthly wage of the deceased, or if there is more than one surviving child, sixty-six and two-thirds per cent to be divided equally among the surviving children. Compensation to any such child shall cease upon death, upon marriage or upon reaching the age of eighteen years, except, if over eighteen years and incapable of self-support, when he becomes capable of self-support, or if over eighteen years of age and enrolled as a full-time student in any accredited educational institution, when the child reaches age twenty-two.
4. To a parent, if there is no surviving husband, wife or child under the age of eighteen years, if wholly dependent for support upon the deceased employee at the time of his death, twenty-five per cent of the average monthly wage of the deceased during dependency, with an added allowance of fifteen per cent if two dependent parents survive, and, if neither parent is wholly dependent, but one or both partly dependent, fifteen per cent divided between them share and share alike.
5. To brothers or sisters under the age of eighteen years, if there is no surviving husband or wife, dependent children under the age of eighteen years or dependent parent, the following shall govern:
(a) If one of the brothers or sisters is wholly dependent upon the deceased employee for support at the time of injury causing death, twenty-five per cent of the average monthly wage until the age of eighteen years.
(b) If more than one brother or sister is wholly dependent, thirty-five per cent of the average monthly wage at the time of injury causing death, divided among such dependents share and share alike.
(c) If none of the brothers or sisters is wholly dependent, but one or more are partly dependent, fifteen per cent divided among such dependents share and share alike.
B. If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury, the monthly compensation shall be equal to such proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of the deceased at the time of the injury resulting in his death. The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, and in accordance with the provisions of section 23-1047, but shall in no case exceed compensation for one hundred months.
C. In the event of death of a dependent before expiration of the time named in the award, the funeral expenses of such person, not to exceed eight hundred dollars, shall be paid.
Notes of Decisions
Dunn v. Indus. Com'n of Arizona, 866 P.2d 858 (Ariz. 1994).
· cites it 25× “Because we find that statutory dependency under AR.S. § 23-1046 and AR.S. § 23-1064 is determined at the time of death and not at the time of trauma, we answer both questions in the affirmative.”
Jalifi v. Indus. Comm'n of Arizona, 644 P.2d 1319 (Ariz. Ct. App. 1982).
· cites it 18× “A.R.S. § 23-1046(A)(2) provides death benefits for the widow of a deceased worker in the amount of “thirty-five percent of the average wage of the deceased, .”
Pena v. Indus. Com'n of Arizona, 683 P.2d 309 (Ariz. Ct. App. 1984).
· cites it 10× “In addition to questioning the constitutionality of A.R.S. § 23-1046(C), this special action involves the propriety of the administrative law judge’s award determining the average monthly wage of Inez Pena, deceased, to be $874.”
Diaz v. Magma Copper Co., 950 P.2d 1165 (Ariz. Ct. App. 1997).
· cites it 6× “A.R.S. § 23-1046, 23-1064; see also Dunn.”
Diesel Drivers v. Indus. Comm'n, 593 P.2d 934 (Ariz. Ct. App. 1979).
· cites it 16× “§ 23-1064 A(3) is not applicable to unadopted stepchildren, and that the hearing officer’s award of death benefits to the stepchildren should have been based upon the hearing officer’s factual finding of partial dependency, with the amount being determined in accordance with the…”
State Comp. Fund v. De La Fuente, 501 P.2d 422 (Ariz. Ct. App. 1972).
· cites it 11× “Second, Christopher De La Fuente was not a “natural, posthumous or adopted child” of the deceased, nor was he a stepchild of the deceased within the meaning of A.R.S. §§ 23-1046 and 23-1064. In short, there was no kindred relationship between the deceased and the claimants,…”
El Dorado Ins. Co. v. Indus. Comm'n, 545 P.2d 465 (Ariz. Ct. App. 1976).
· cites it 8× “As to the second question here for review, it is argued by El Dorado that Norman Tanner must show some dependency upon Theresa Tanner to entitle him to death benefits under A.R.S. § 23-1046. Respondent Tanner was awarded death benefits under A.”
Mannel v. Indus. Com'n of Arizona, 688 P.2d 1045 (Ariz. Ct. App. 1984).
· cites it 6× “§ 23-1045(B), A.R.S. § 23-1046. The credit balance was then approximately $79,000.”
Hodges v. Hodges, 578 P.2d 1001 (Ariz. Ct. App. 1978).
· cites it 5× ““§ 23-1046. Death benefits A. In case of an injury causing death, the compensation therefor shall be known as a death benefit, and shall be payable in the amount, for the period, and to and for the benefit of the persons following: 2.”
Asarco Inc. v. Indus. Comm'n, 60 P.3d 258 (Ariz. Ct. App. 2003).
· cites it 12× “The May notice states that the November notice was issued “contrary to the provisions of A.R.S. § 23-1046 applicable to this claim and [is] therefore void,” adding that benefits “were calculated incorrectly .”
Bonnin v. Indus. Comm'n, 432 P.2d 283 (Ariz. Ct. App. 1967).
· cites it 7× “Portions of these statutes are set forth as follows: “§ 23-1046. Death benefits “A. In the case of an injury causing death, the compensation therefor shall be known as a death benefit, and shall be payable in the amount, for the period, and to and for the benefit of the persons…”
— Ariz. Rev. Stat. § 23-1046(A) — 10 cases
El Dorado Ins. Co. v. Indus. Comm'n, 545 P.2d 465 (Ariz. Ct. App. 1976).
“As to the second question here for review, it is argued by El Dorado that Norman Tanner must show some dependency upon Theresa Tanner to entitle him to death benefits under A.R.S. § 23-1046. Respondent Tanner was awarded death benefits under A.”
Dunn v. Indus. Com'n of Arizona, 866 P.2d 858 (Ariz. 1994).
“Because we find that statutory dependency under AR.S. § 23-1046 and AR.S. § 23-1064 is determined at the time of death and not at the time of trauma, we answer both questions in the affirmative.”
— Ariz. Rev. Stat. § 23-1046(A)(1) — 3 cases
Asarco Inc. v. Indus. Comm'n, 60 P.3d 258 (Ariz. Ct. App. 2003).
“The May notice states that the November notice was issued “contrary to the provisions of A.R.S. § 23-1046 applicable to this claim and [is] therefore void,” adding that benefits “were calculated incorrectly .”
— Ariz. Rev. Stat. § 23-1046(A)(2) — 13 cases
Hodges v. Hodges, 578 P.2d 1001 (Ariz. Ct. App. 1978).
““§ 23-1046. Death benefits A. In case of an injury causing death, the compensation therefor shall be known as a death benefit, and shall be payable in the amount, for the period, and to and for the benefit of the persons following: 2.”
Jalifi v. Indus. Comm'n of Arizona, 644 P.2d 1319 (Ariz. Ct. App. 1982).
“A.R.S. § 23-1046(A)(2) provides death benefits for the widow of a deceased worker in the amount of “thirty-five percent of the average wage of the deceased, .”
— Ariz. Rev. Stat. § 23-1046(A)(3) — 3 cases
— Ariz. Rev. Stat. § 23-1046(A)(4) — 1 case
— Ariz. Rev. Stat. § 23-1046(A)(5) — 3 cases
— Ariz. Rev. Stat. § 23-1046(A)(6)(b) — 1 case
— Ariz. Rev. Stat. § 23-1046(A)(8) — 1 case
— Ariz. Rev. Stat. § 23-1046(A)(l) — 1 case
Asarco Inc. v. Indus. Comm'n, 60 P.3d 258 (Ariz. Ct. App. 2003).
“The May notice states that the November notice was issued “contrary to the provisions of A.R.S. § 23-1046 applicable to this claim and [is] therefore void,” adding that benefits “were calculated incorrectly .”
— Ariz. Rev. Stat. § 23-1046(AK5) — 1 case
Jalifi v. Indus. Comm'n of Arizona, 644 P.2d 1319 (Ariz. Ct. App. 1982).
“A.R.S. § 23-1046(A)(2) provides death benefits for the widow of a deceased worker in the amount of “thirty-five percent of the average wage of the deceased, .”
— Ariz. Rev. Stat. § 23-1046(B) — 3 cases
Dunn v. Indus. Com'n of Arizona, 866 P.2d 858 (Ariz. 1994).
“Because we find that statutory dependency under AR.S. § 23-1046 and AR.S. § 23-1064 is determined at the time of death and not at the time of trauma, we answer both questions in the affirmative.”
— Ariz. Rev. Stat. § 23-1046(C) — 2 cases
Jalifi v. Indus. Comm'n of Arizona, 644 P.2d 1319 (Ariz. Ct. App. 1982).
“A.R.S. § 23-1046(A)(2) provides death benefits for the widow of a deceased worker in the amount of “thirty-five percent of the average wage of the deceased, .”
Pena v. Indus. Com'n of Arizona, 683 P.2d 309 (Ariz. Ct. App. 1984).
“In addition to questioning the constitutionality of A.R.S. § 23-1046(C), this special action involves the propriety of the administrative law judge’s award determining the average monthly wage of Inez Pena, deceased, to be $874.”
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