Suicide As a Result of Personal Injury - Workers Compensation
X sustained an accidental personal injury arising out of and in the course of his employment.
The Workers' Compensation Court awarded him disability benefits including psychological overlay.
He committed suicide on as a result of these injuries.
Petitioners, his wife and minor son, petitioned the Workers' Compensation Court for survivor benefits.
The court found Petitioners were entitled to survivor benefits because the suicide of Deceased arose as a consequence of his work related injuries.
85 O.S. 1991 Section 22(8)(a) provides for benefits for certain surviving dependents.
If there is a surviving spouse, to such surviving spouse seventy percent (70%) of the average weekly wages the deceased was earning. In no event shall this spousal income benefit be diminished.
Subsection (2) provides:
If there is a child or children, to such child or children fifteen percent (15%) of the average weekly wages the deceased was earning for each child. Where there are more than two such children, the income benefits payable for the benefit of all children shall be divided among all children, to share and share alike subject to the subparagraphs (c) and (d) of this paragraph.