50-6-210 - Dependents Compensation payments. - Tennessee Statutes

50-6-210. Dependents Compensation payments.

(a)  Persons Wholly Dependent.  For the purposes of this chapter, the following persons shall be conclusively presumed to be wholly dependent:

     (1)  A surviving spouse, unless it is shown that the surviving spouse was voluntarily living apart from the surviving spouse's spouse at the time of injury; and

     (2)  Children under sixteen (16) years of age.

(b)  Persons Prima Facie Dependent.  Children between sixteen (16) and eighteen (18) years of age, or those over eighteen (18) years of age, if physically or mentally incapacitated from earning, shall prima facie be considered dependent.

(c)  Actual Dependents.  Wife, husband, child, mother, father, grandparent, sister, brother, mother-in-law, father-in-law, who were wholly supported by the deceased employee at the time of death and for a reasonable period of time immediately prior to the time of death, shall be considered actual dependents, and payment of compensation shall be made in the order named.

(d)  Partial Dependents.  Any member of a class named in subsection (c) who regularly derived part of the member's support from the wages of the deceased employee at the time of death and for a reasonable period of time immediately prior to the time of death shall be considered a partial dependent, and payment of compensation shall be made to the dependents in the order named.

(e)  Compensation in Death Cases.  In death cases, compensation payable to dependents shall be computed on the following basis, and shall be paid to the persons entitled to compensation, without administration:

     (1)  Surviving Spouse and No Dependent Child.   If the deceased employee leaves a surviving spouse and no dependent child, there shall be paid to the surviving spouse fifty percent (50%) of the average weekly wages of the deceased.

     (2)  Surviving Spouse and Children.  If the deceased employee leaves a surviving spouse and one (1) or more dependent children, there shall be paid to the surviving spouse for the benefit of the surviving spouse and the child or children, sixty-six and two-thirds percent (662/3%) of the average weekly wages of the deceased.

     (3)  Surviving Spouse and Children, How Paid.   In all cases where compensation is payable to a surviving spouse for the benefit of the surviving spouse and dependent child or children, the court shall have the power to determine in its discretion what portion of the compensation shall be applied for the benefit of any child or children, and may order the compensation paid to a guardian.

     (4)  Remarriage of Surviving Spouse.  Upon the remarriage of a surviving spouse, if there is no child of the deceased employee, the compensation shall terminate; but if there is a child or children under eighteen (18) years of age, or over eighteen (18) years of age if physically or mentally incapacitated from earning, from the time of the remarriage the child or children shall have status of orphan or orphans, and draw compensation accordingly, not, however, to exceed sixty-six and two-thirds percent (662/3%) of the average weekly wages of the deceased.

     (5)  Dependent Orphans.  If the deceased employee leaves one (1) dependent orphan, there shall be paid fifty percent (50%) of the average weekly wages of the deceased; if the deceased leaves two (2) or more dependent orphans, there shall be paid sixty-six and two-thirds percent (662/3%) of the average weekly wages of the deceased.

     (6)  Parent or Parents.  If the deceased employee leaves no surviving spouse or child entitled to any payment under this section, but should leave a parent or parents, either or both of whom are wholly dependent on the deceased, there shall be paid, if only one (1) parent, twenty-five percent (25%) of the average weekly wages of the deceased to the parent, and if both parents, thirty-five percent (35%) of the average weekly wages of the deceased to the parents.

     (7)  Grandparent, Brother, Sister, Mother-in-law or Father-in-law.   If the deceased leaves no surviving spouse or dependent child or parent entitled to any payment under this section, but leaves a grandparent, brother, sister, mother-in-law or father-in-law wholly dependent upon the deceased for support, there shall be paid to the dependent, if only one (1), twenty percent (20%) of the average weekly wages of the deceased, or, if more than one (1), twenty-five percent (25%) of the average weekly wages of the deceased, divided between them or among them share and share alike.

     (8)  Compensation to Dependents to Cease upon Death or Marriage.  If compensation is being paid under this chapter to any dependent, the compensation shall cease, upon the death or marriage of the dependent, unless otherwise provided in this section.

     (9)  Partial Dependents to Receive Proportion.   Partial dependents shall be entitled to receive only that proportion of the benefits provided for actual dependents that the average amount of the wages regularly contributed by the deceased to the partial dependent at the time of, and for a reasonable time immediately prior to, the injury, bore to the total income of the dependent during the same time.

     (10)  Maximum and Minimum Compensation.   The compensation payable in case of death to persons wholly dependent shall be subject to the maximum weekly benefit and minimum weekly benefit; provided, that if at the time of injury the employee receives wages of less than the minimum weekly benefit, the compensation shall be the full amount of the wages a week, but in no event shall the compensation payable under this provision be less than the minimum weekly benefit. The compensation payable to partial dependents shall be subject to the same maximum and minimum specified in this subdivision (e)(10); provided, that if the income loss of the partial dependents by the death is less than the minimum weekly benefit, then the dependents shall receive the full amount of the income loss. This compensation shall be paid during dependency not to exceed the maximum total benefit, payments to be paid at the intervals when the wage was payable, as nearly as may be.

     (11)  Orphans and Other Children.  In computing and paying compensation to orphans or other children, in all cases, only those under eighteen (18) years of age, or those over eighteen (18) years of age who are physically or mentally incapacitated from earning, shall be included, the former to receive compensation only during the time they are under eighteen (18) years of age, the latter only for the time they are so incapacitated. If the dependent is attending a recognized educational institution, benefits shall be paid until twenty-two (22) years of age.

     (12)  Actual Dependents.  Actual dependents shall be entitled to take compensation in the order named in subsection (c), until sixty-six and two-thirds percent (662/3%) of the monthly wages of the deceased during the time specified in this chapter have been exhausted, but the total compensation to be paid to all actual dependents of a deceased employee shall not exceed in the aggregate the maximum weekly benefit.

     (13)  Dependency Status Not Affected by Certain Assistance Payments.   Sums distributed under the Employment Security Law, compiled in chapter 7 of this title; the Old-Age Assistance Law, compiled in title 71, chapter 2, part 2; the Aid to Dependent Children Law, compiled in title 71, chapter 3, part 1; Aid to Blind Law, compiled in title 71, chapter 4, part 1; the federal Social Security Act, compiled in 42 U.S.C. § 301 et seq., or any other public assistance distributed by the United States government, the state, or any county or municipality of the state, shall not be considered income within the meaning of this law and shall not affect the status or compensation of any person entitled to benefits as provided in this chapter.

[Acts 1919, ch. 123, § 30; 1923, ch. 84, § 1; Shan. Supp., § 3608a181; Acts 1927, ch. 40, § 3; Code 1932, § 6883; Acts 1941, ch. 90, § 8; 1943, ch. 110, § 1; 1947, ch. 139, § 10; 1949, ch. 277, § 7; C. Supp. 1950, § 6883; Acts 1953, ch. 111, § 6; 1955, ch. 182, §§ 9-16; 1957, ch. 270, §§ 7, 8; 1959, ch. 172, §§ 10, 11; 1963, ch. 362, § 1; 1965, ch. 158, § 1; 1967, ch. 313, §§ 1, 2; 1969, ch. 196, §§ 1, 2; 1971, ch. 134, §§ 1, 2, 4; 1972, ch. 699, § 3; 1973, ch. 379, § 9; 1974, ch. 617, §§ 6, 7; 1975, ch. 86, §§ 6, 7; 1977, ch. 354, § 6; 1979, ch. 365, § 6; 1979, ch. 370, § 1; impl. am. Acts 1980, ch. 534, § 1; Acts 1980, ch. 607, §§ 9, 10, 11; 1981, ch. 333, §§ 9, 10; 1982, ch. 880, §§ 9, 10; T.C.A. (orig. ed.), § 50-1013; Acts 1985, ch. 393, § 13.]