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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 810. Oklahoma Workers' Compensation Commission |
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Chapter 10. Practice and Procedure |
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Subchapter 5. Hearings Conducted by Administrative Law Judges and Commissioners |
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Part 1. COMMENCEMENT OF CLAIMS |
SECTION 810:10-5-4. Claim for death benefits
Latest version.
- (a) Death claims must be filed by the personal representative of the deceased employee's estate if probate proceedings have begun. If no probate proceeding has been brought, a death claim may be filed by the surviving spouse, or where there is no such spouse, then by the next of kin of the deceased employee. If the latter is incompetent or a minor, the guardian of such person shall be the proper party-claimant.(b) All persons who have or may assert a claim for death benefits shall be named in the claim and their addresses and relationship to the deceased shall be given.(c) If there are any beneficiaries named in the claim whose current whereabouts are not known, notice to such persons shall be obtained by publication in the county in which the decedent last resided, and the county of the last known address of any such beneficiary. Publication shall be for one time per week for three (3) successive weeks.