8.3.3.1 Amounts Payable

• Jurisdiction: Arizona

. If the deceased employee is not survived by a spouse or children, then his or her surviving parents become eligible. A parent “wholly dependent for support upon the deceased employee at the time of his death” is entitled to a monthly benefit equal to 25% of the deceased employee’s average monthly wage.^[51] If two “dependent parents” survive the employee, then the death benefit is increased by an amount equal to 15% of his or her average monthly wage.^[52] Surviving parents only “partly dependent” upon the employee share a death benefit equal to 15% of his or her average monthly wage, “divided between them share and share alike.”^[53]

The deceased employee’s brothers and sisters under the age of 18 become eligible to receive death compensation benefits when the employee is not survived by a spouse, children, or dependent parents.^[54] A brother or sister “wholly dependent upon the deceased employee for support at the time of injury causing death” is entitled to a monthly benefit equal to 25% of the employee’s average monthly wage until he or she attains majority.^[55] If more than one brother or sister is “wholly dependent,” they share a benefit equal to 35% of the employee’s average monthly wage.^[56] Siblings only “partly dependent” share a benefit equal to 15% of the average monthly wage.^[57]

Stepparents and stepchildren may be eligible to receive the same death compensation benefits as parents or children if they were dependent upon the deceased employee at the time of his or her injury.^[58]

The Workers’ Compensation Act provides that the death benefit payable to an “alien not residing in the United States” shall be only 60% of the amount normally payable.^[59] This statute has survived constitutional scrutiny.^[60]

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^[51]A.R.S. § 23-1046 (A)(5) (Supp. 1991).

^[52]Id.

^[53]Id.

^[54]A.R.S. § 23-1046 (A)(6) (Supp. 1991).

^[55]A.R.S. § 23-1046 (A)(6)(a) (Supp. 1991).

^[56]A.R.S. § 23-1046 (A)(6)(b) (Supp. 1991).

^[57]A.R.S. §...