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Apportionment of Death Benefits Among Dependents Determines 'Proportionate Share' of Lump Sum

Wednesday, December 7, 2022 | 0

The Colorado Court of Appeals ruled that the apportionment of death benefits among a deceased worker's dependents determines their "proportionate share" of the maximum lump sum that is statutorily allowed. Angel Batista de Jesus worked for Brand X Hydrovac Services Inc. He suffered a fatal work injury in August 2019. The 26-year-old was survived by his wife, Sandra Amaya, and their minor child. An administrative law judge determined that Amaya was entitled to 25% of the benefits payable under Colorado Statutes Section 8-42-121. Section 8-42-121 provides that death benefits sh...

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