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102.47 Death benefit, continued.

If death occurs to an injured employee other than as a proximate result of the injury, before disability indemnity ceases, death benefit and burial expense allowance shall be as follows:

(1) Where the injury proximately causes permanent total disability, they shall be the same as if the injury had caused death, except that the burial expense allowance shall be included in the items subject to the limitation stated in s. 102.46 . The amount available shall be applied toward burial expense before any is applied toward death benefit. If there are no surviving dependents the amount payable to dependents shall be paid, as provided in s.

102.49 (5) (b) , to the fund created under s. 102.65 .

(2) Where the injury proximately causes permanent partial disability, the unaccrued compensation shall first be applied toward funeral expenses, not to exceed the amount specified in s.

102.50 . Any remaining sum shall be paid to dependents, as provided in this section and ss. 102.46 and 102.48 , and there is no liability for any other payments. All computations under this subsection shall take into consideration the present value of future payments. If there are no surviving dependents the amount payable to dependents shall be paid, as provided in s. 102.49 (5) (b) , to the fund created under s. 102.65 .

History: 1971 c. 148 ; 1977 c. 195 ; 1983 a. 98 ; 1987 a. 179 .

When a deceased worker dies before the level of permanent partial disability is established, the dependent's death benefit is not wiped out. " Unaccrued compensation" under sub. (2) is compensation that has not become due, or compensation for which a claim is not yet enforceable. It is not limited to compensation awarded but not yet paid. Edward Brothers, Inc. v. LIRC, 2007 WI App 128 , 300 Wis. 2d 638 , 731 N.W.2d 302 , 06-2398 .



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