77 P.S. § 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

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 2023-27
• Year: 2023
• Citation: 77 P.S. § 1407

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.