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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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If I re-marry will I still receive the death benefit from Workers

Resolved Question:

If I re-marry will I still receive the death benefit from Workers' Comp I currently receive?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

When a widow who is receiving worker's compensation death benefits remarriages, the worker's compensation award transfers to any dependent children of the deceased. If there are no children under the age of 21, the benefit then goes to the person's parents. If there are no dependent children or surviving parents, the award terminates when you remarry. Wis. Stat., Section 27-14-403.

That means that, unfortunately, no, you will not still receive the benefit if you marry again.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
Customer: replied 1 year ago.


It is not Wisconsin it is Wyoming.

Expert:  Lucy, Esq. replied 1 year ago.

I apologize.

I quoted the Wyoming Statute, and had you clicked the link, it would have opened the Wyoming statutes for you. I simply mistyped the abbreviation.
http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title27/T27CH14.htm

The law that I stated is accurate. If you remarry, you will lose your benefits.

 

The ratings you see are not to address whether you agree with the law, or whether you like how it applies to your situation. It is only for rating my courtesy and professionalism. If you feel that my courtesy or professionalism was lacking, have any additional questions, or need clarification, please respond so that I may address your concerns.

Customer: replied 1 year ago.

This is for Wyoming & not Wisconsin.

Expert:  Lucy, Esq. replied 1 year ago.

Yes, I know. I apologize again for accidentally typing Wisconsin instead of Wyoming.

As I said in my reply, the law in Wyoming is that when a widow who is receiving worker's compensation death benefits remarriages, the worker's compensation award transfers to any dependent children of the deceased. If there are no children under the age of 21, the benefit then goes to the person's parents. If there are no dependent children or surviving parents, the award terminates when you remarry. Wyoming Statutes, Section 27-14-203.

If the links that I provided are not working, here is the language of the statute:

(d)If an injured employee entitled to receive or receiving an award under paragraph (a)(ii), (iii) or (iv) of this section dies due to causes other than the work related injury, the balance of the award shall be paid:

(i)To the surviving spouse;

(ii)If there is no surviving spouse or if the spouse remarries or dies, the balance of the award shall be paid to the surviving dependent children of the employee.� Each surviving dependent child shall receive a share of the award in the proportion that the number of months from the death or remarriage until the child attains the age of majority, or if the child is physically or mentally incapacitated until the child attains the age of twenty-one (21) years, bears to the total number of months until all children will attain these ages;

(iii)If there is no surviving spouse or if the spouse remarries or dies and there are no dependent children or the children have attained the age of majority or twenty-one (21) if physically or mentally incapacitated, or die, the balance of the award shall be paid to a surviving parent of the employee if the parent received substantially all of his financial support from the employee at the time of injury.� If two (2) remaining parents of the employee who received substantially all of their financial support from the employee at the time of the injury survive the employee, the balance of the award shall be divided equally between the two (2) parents;

(iv)Payment of the award shall cease:

(A)If there is no surviving spouse, dependent children or dependent parents;

(B)Upon remarriage or death of a spouse and there are no dependent children or dependent parents;

(C)Upon the death of a dependent child as to payments to that child; and

(D)Upon the death of a dependent parent as to payments to that parent.

 

The formatting for some reason is not coming through - I can't make it remove the underlined text. If you click the link I gave you, you'll get a cleaner version.

 

Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20195
Experience: Lawyer
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