Ohio Rev. Code » Chapter 4123
Ohio Revised Code

Ohio Rev. Code § 4123.60 (2026)

Persons eligible for death benefits - limitations

✓ current as of May 2026
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Effective:
October 20, 1993
Latest Legislation:
House Bill 107 - 120th General Assembly
PDF:
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Benefits in case of death shall be paid to such one or more of the dependents of the decedent, for the benefit of all the dependents as the administrator of workers' compensation determines. The administrator may apportion the benefits among the dependents in such manner as he deems just and equitable. Payment to a dependent subsequent in right may be made, if the administrator deems it proper, and operates to discharge all other claims therefor. The dependents or person to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to their respective claims upon the decedent for support, in compliance with the finding and direction of the administrator.

In all cases of death where the dependents are a surviving spouse and one or more children, it is sufficient for the surviving spouse to apply to the administrator on behalf of the spouse and minor children. In cases where all the dependents are minors, a guardian or next friend of such minor dependents shall apply.

In all cases where an award had been made on account of temporary, or permanent partial, or total disability, in which there remains an unpaid balance, representing payments accrued and due to the decedent at the time of his death, the administrator may, after satisfactory proof has been made warranting such action, award or pay any unpaid balance of such award to such of the dependents of the decedent, or for services rendered on account of the last illness or death of such decedent, as the administrator determines in accordance with the circumstances in each such case. If the decedent would have been lawfully entitled to have applied for an award at the time of his death the administrator may, after satisfactory proof to warrant an award and payment, award and pay an amount, not exceeding the compensation which the decedent might have received, but for his death, for the period prior to the date of his death, to such of the dependents of the decedent, or for services rendered on account of the last illness or death of such decedent, as the administrator determines in accordance with the circumstances in each such case, but such payments may be made only in cases in which application for compensation was made in the manner required by this chapter, during the lifetime of such injured or disabled person, or within one year after the death of such injured or disabled person.

An order issued by the administrator under this section is appealable pursuant to section 4123.511 of the Revised Code but is not appealable to court under section 4123.512 of the Revised Code.
Notes of Decisions
Cited in 49 cases (8 in the last 5 years), 1955–2025 · leading case: State ex rel. Liposchak v. Indus. Comm'n, 737 N.E.2d 519 (Ohio 2000).
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State ex rel. Liposchak v. Indus. Comm'n, 737 N.E.2d 519 (Ohio 2000). · cites it 32× “Two issues are presented for our review: (1) Can a claimant who was denied R.C. 4123.60 compensation for failure to show dependency appeal to the common pleas court pursuant to R.”
State ex rel. Nyitray v. Indus. Comm'n, 443 N.E.2d 962 (Ohio 1983). · cites it 34× “Dependents may be awarded the compensation the worker was entitled to receive prior to death pursuant to R.C. 4123.60. The second type of compensation available to dependents is death benefits under R.”
State ex rel. Liposchak v. Indus. Comm., 2000 Ohio 73 (Ohio 2000). · cites it 43× “59, the denial or grant of benefits is not appealable unless it concerns the causal connection between injury, disease, or death and employment—R.C. 4123.60 dependency issues are not appealable under R.”
State ex rel. Sanders v. Indus. Comm., 2016 Ohio 7704 (Ohio Ct. App. 2016). · cites it 34× “{¶ 6} The magistrate and the parties recognized that "there is not case law directly on point" concerning the facts presented when the Bureau of Workers' Compensation approves compensation for one or more conditions for a specific period of time, the employer appeals pursuant to…”
State ex rel. Waste Mgt. of Ohio, Inc. v. Indus. Comm., 2022 Ohio 4581 (Ohio 2022). · cites it 13× “R.C. 4123.60 states: If the decedent would have been lawfully entitled to have applied for an award at the time of his death the administrator may, after satisfactory proof to warrant an award and payment, award and pay an amount, not exceeding the compensation which the…”
State ex rel. Nicholson v. Copperweld Steel Co., 1996 Ohio 198 (Ohio 1996). · cites it 20× “Two questions are presented for our review: (1) Is mandamus available to compel payment, pursuant to R.C. 4123.60, to a decedent’s spouse of the PTD the decedent could have received prior to his death? and (2) Did the commission abuse its discretion in finding that Charles was…”
Liposchak v. Adm'r, Bureau of Workers' Comp., 741 N.E.2d 537 (Ohio Ct. App. 2000). · cites it 26× “Edith and Walter, in their respective capacities as a parent of Robert and on behalf of the estate, filed pursuant to R.C. 4123.60 a C-6 “Application for Payment of Compensation Accrued at the Time of Death,” claiming a right to the accrued but unpaid permanent partial and…”
State ex rel. Arberia, L.L.C. v. Indus. Comm., 2014 Ohio 5351 (Ohio Ct. App. 2014). · cites it 25× “Our magistrate interprets R.C. 4123.60 as blocking the award made by the BWC, DHO and SHO.”
State ex rel. Byk v. Indus. Comm., 2022 Ohio 136 (Ohio Ct. App. 2022). · cites it 23× “Instead, the magistrate determined that Pin Cha Byk's sole remedy was in her ongoing R.C. 4123.60 proceedings. Thus, the magistrate recommended this action be dismissed pursuant to Civ.”
State ex rel. Moorehead v. Indus. Comm'n, 857 N.E.2d 1203 (Ohio 2006). · cites it 3× “{¶ a} Appellant, a surviving spouse, cited R.C. 4123.60 in her application for an award of scheduled loss benefits.”
State ex rel. Manns v. Indus. Comm'n, 529 N.E.2d 1379 (Ohio 1988). · cites it 3× “60 provides in pertinent part that “[i]n all cases of death from causes other than the injury or occupational disease for which award had theretofore been made on account of temporary, or permanent partial, or total disability, in which there remains an unpaid balance,…”
State ex rel. Johnston v. Ohio Bureau of Workers' Comp., 751 N.E.2d 974 (Ohio 2001). · cites it 3× “” On March 19, 1998, appellant filed a “First Report of an Injury, Occupational Disease or Death,” requesting, “pursuant to R.C. 4123.60 * * *[,] payment of the settlement award that had been offered on January 23, 1998.”
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