Deceased Employee Benefits Calculation Based on Average Weekly Wage

The decision in Matter of Death of Knight, 1994 OK 74, 877 P.2d 602 dealt with whether benefits should be paid to a survivor of a deceased employee based on the state's average weekly wage at the time of the deceased employee's last hazardous exposure, or the state's average weekly wage on the date of his death. Although not dealing with the specific issue considered herein, the Court held the maximum amount of death benefits payable to a beneficiary under 22 (8) must be based upon the state's average weekly wage in effect at the time of the employee's death. There was no question presented to dispute use of the state's average weekly wage as a basis for the award of survivor benefits.