(1) The benefits in case of death shall be paid to one (1) or more dependents of the deceased employee for the benefit of all the dependents entitled thereto, as determined by the administrative law judge. The dependents to whom payments are made shall apply the same to the use of the persons entitled thereto under this chapter, according to their respective claims on the deceased for support. The compensation of a mentally disabled person shall be paid to his guardian or conservator.
(2) If the dependents are a widow, widower, or other head of a family of minor children and one (1) or more minor children, it shall be sufficient for the widow, widower, or head of the family to make application for compensation on behalf of all. Where the dependents are mentally incapacitated or are minors the head of whose family is not a dependent, the application may be made by the guardian, conservator, or next friend of such dependents.

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Terms Used In Kentucky Statutes 342.160

  • Compensation: means all payments made under the provisions of this chapter representing the sum of income benefits and medical and related benefits. See Kentucky Statutes 342.0011
  • Death: means death resulting from an injury or occupational disease. See Kentucky Statutes 342.0011
  • Dependent: A person dependent for support upon another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: means any individual, partnership, limited partnership, limited liability company, firm, association, trust, joint venture, corporation, or legal representative thereof. See Kentucky Statutes 342.0011

Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 514, sec. 8, effective July 14, 2000. — Amended
1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 56, effective December 12, 1996 — Amended 1987 Ky. Acts ch. 1, sec. 20, effective January 4, 1988. — Amended 1982
Ky. Acts ch. 141, sec. 91, effective July 1, 1982. — Amended 1974 Ky. Acts ch. 386, sec. 62. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4909.
Note: 1980 Ky. Acts ch. 396, sec. 97 would have amended this section effective July
1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1,1982.