Colorado § 8-42-121 - Director to determine and apportion benefits.

§ 8-42-121. Director to determine and apportion benefits.

Death benefits shall be paid to such one or more of the dependents of the decedent, for the benefit of all the dependents entitled to such compensation, as may be determined by the director, who may apportion the benefits among such dependents in such manner as the director may deem just and equitable. Payment to a dependent subsequent in right may be made, if the director deems it proper, which payment shall operate to discharge all other claims therefor. The dependents or persons to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to their respective claims upon the decedent for support in compliance with the finding and direction of the director.

Source: L. 90: Entire article R&RE, p. 497, § 1, effective July 1.

Editor's note: This section is similar to former § 8-50-115 as it existed prior to 1990.

ANNOTATION

Annotator's note. (1) Since § 8-42-121 is similar to § 8-50-115 as it existed prior to the 1990 repeal and reenactment of the "Workers' Compensation Act of Colorado", articles 40 to 47 of this title, relevant cases construing that provision have been included in the annotations to this section.

(2) Cases included in the annotations to this section which refer to the industrial commission were decided prior to the 1969 amendment which vested the director of the division of labor instead of the industrial commission with the power to determine and apportion benefits.

No specific provision of this article prescribes an equal apportionment among dependents. It does not follow from the language of former § 8-50-101, "conclusively presumed to be wholly dependent", when read in conjunction with this section, that all such dependents must, as a matter of law, be treated on an equal basis. To so conclude would be to ignore the express provisions of this section. Spoo v. Spoo, 145 Colo. 268, 358 P.2d 870 (1961).

For it was the intent of the general assembly to vest the commission with some apportioning power, first among those claiming to be dependents whose status depends upon proof of their dependency, and second, those dependents whose status is fixed by statute. Spoo v. Spoo, 145 Colo. 268, 358 P.2d 870 (1961).

However, an inequitable award is not in accord with the requirements of this section which limits the discretion of the commission to that which is just and equitable. Spoo v. Spoo, 145 Colo. 268, 358 P.2d 870 (1961).

The apportionment of death benefits among a deceased worker's dependents under this section determines the dependent's proportionate share of the maximum lump-sum amount allowed by § 8-43-406 (3). When there are multiple dependents and one of them elects to receive a lump-sum payment, the dependent may receive a proportionate share as determined by this section of the maximum lump-sum allowed by § 8-43-406 (3). Amaya v. Indus. Claim Appeals Office, 2022 COA 131, 524 P.3d 856.

Applied in Indus. Comm'n v. Employers' Liab. Assurance Corp., 169 Colo. 396, 456 P.2d 739 (1969).