Okla. Stat. tit. 85A, § 85A-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 for 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 law spouse shall not be

entitled to benefits under this section unless he or she 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 Commission shall be exclusive in regard to

benefits under this section regardless of any 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 one (1) child, the child

shall receive a lump-sum payment of Twenty-five Thousand Dollars

($25,000.00) and fifteen percent (15%) of the lesser of the deceased

employee's average weekly wage and the state average weekly wage.

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 employee's average weekly wage for claims with a date

of accident occurring on or after the effective date of this act.

If there are five (5) or more children, each child shall receive a

pro rata share of One Hundred Thousand Dollars ($100,000.00) and a

pro rata share of thirty percent (30%) of the deceased employee's

average weekly wage for claims with a date of accident occurring on

or after the effective date of this act;

3. If there is a child or children and no surviving spouse, a

lump-sum payment of Twenty-five Thousand Dollars ($25,000.00) and

fifty percent (50%) of the lesser of the deceased employee's average

weekly wage and the state average weekly wage to each child. If

there are more than two children, each child shall receive a pro

Oklahoma Statutes - Title 85A. Workers' Compensation Page 79

rata share of one hundred percent (100%) of the lesser of the

deceased employee's average weekly wage and the state average weekly

wage. With respect to the lump-sum payment, if there are more than

six children, each child shall receive a pro rata share of One

Hundred Fifty Thousand Dollars ($150,000.00);

4. If there is no surviving spouse or children, each legal

guardian, if financially dependent on the employee at the time of

death, shall receive twenty-five percent (25%) of the lesser of the

deceased employee's average weekly wage and the state average weekly

wage until the earlier of death, becoming eligible for Social

Security, obtaining full-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 surviving 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 this section shall terminate on

the earlier of death, marriage, or reaching the age of eighteen
D. The weekly income benefits payable to the surviving 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 this section shall terminate on

the earlier of death, marriage, or reaching the age of eighteen

(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 Oklahoma 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 benefits 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 determined 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 appoint a

guardian ad litem to represent known and unknown minor children and

the guardian ad litem shall be paid a reasonable fee for his or her

services.

Oklahoma Statutes - Title 85A. Workers' Compensation Page 80