§ 9-640. Survival of compensation

   (a) Scope of section. -- This section does not apply to compensation paid under Title 10, Subtitle 2 of this article.

(b) In general. -- If a covered employee dies from a cause that is not compensable under this title, the right to compensation that is payable under this Part V of this subtitle and unpaid on the date of death survives in accordance with this section to the extent of $ 45,000, as increased by the cost of living adjustments under § 9-638 of this Part V of this subtitle.

(c) Surviving dependents. -- If there are surviving dependents of the covered employee, the right to compensation survives to the surviving dependents as the Commission may determine.

(d) No surviving dependents; obligation to support surviving spouse. -- If there are no surviving dependents of the covered employee and, on the date of death, the covered employee had a legal obligation to support a surviving spouse, the right of compensation shall survive to:

   (1) the surviving spouse of the covered employee; or

   (2) the surviving spouse and the surviving minor children of the covered employee.

(e) No surviving dependents or obligation to support surviving spouse. -- If there are no surviving dependents and, on the date of death, the covered employee did not have a legal obligation to support a surviving spouse, the right to compensation survives only to the surviving minor children of the covered employee.

HISTORY: An. Code 1957, art. 101, § 36; 1991, ch. 8, § 2; 1993, ch. 5, § 1.