85.43 Payment to spouse.
1. If the deceased employee leaves a surviving spouse qualified under the provisions of section 85.42, the full compensation shall be paid to the surviving spouse, as provided in section 85.31; provided that where a deceased employee leaves a surviving spouse and a dependent child or children the workers’ compensation commissioner may make an order of record for an equitable apportionment of the compensation payments.
2. If the spouse dies, the benefits shall be paid to the person or persons wholly dependent on deceased, if any, share and share alike. If there are none wholly dependent, then such benefits shall be paid to partial dependents, if any, in proportion to their dependency for the periods provided in section 85.31.
3. If the deceased leaves a dependent child or children who was or were such at the time of the injury, and the surviving spouse remarries, then and in such case, the payments shall be paid to the proper compensation trustee for the use and benefit of such dependent child or children for the period provided in section 85.31.
[S13, §2477-m16; C24, 27, 31, 35, 39, §1403; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.43]
98 Acts, ch 1061, §11; 2017 Acts, ch 54, §76; 2018 Acts, ch 1041, §29
Structure Iowa Code
Title III - PUBLIC SERVICES AND REGULATION
Chapter 85 - WORKERS’ COMPENSATION
Section 85.1 - Inapplicability of chapter.
Section 85.2 - Public employees — chapter compulsory.
Section 85.3 - Acceptance presumed — notice to nonresident employers.
Section 85.16 - Willful injury — intoxication.
Section 85.18 - Contract to relieve not operative.
Section 85.20 - Rights of employee exclusive.
Section 85.21 - Payments concerning liability disputes.
Section 85.22 - Liability of others — subrogation.
Section 85.23 - Notice of injury — failure to give.
Section 85.24 - Form of notice.
Section 85.25 - Service of notice.
Section 85.26 - Limitation of actions — who may maintain action.
Section 85.27 - Services — release of information — charges — payment — debt collection prohibited.
Section 85.28 - Burial expense.
Section 85.29 - Liability in case of no dependents.
Section 85.30 - Maturity date and interest.
Section 85.31 - Death cases — dependents.
Section 85.32 - When compensation begins.
Section 85.33 - Temporary total and temporary partial disability.
Section 85.34 - Permanent disabilities.
Section 85.36 - Basis of computation.
Section 85.37 - Compensation schedule.
Section 85.38 - Reduction of obligations of employer.
Section 85.39 - Examination of injured employees.
Section 85.40 - Statement of earnings.
Section 85.41 - Refusal to furnish statement.
Section 85.42 - Conclusively presumed dependent.
Section 85.43 - Payment to spouse.
Section 85.44 - Payment to actual dependents.
Section 85.47 - Basis of commutation.
Section 85.48 - Partial commutation.
Section 85.49 - Trustees for minors and dependents.
Section 85.50 - Report of trustee.
Section 85.51 - Alien dependents in foreign country.
Section 85.52 - Consular officer as trustee.
Section 85.53 - Notice to consular officer.
Section 85.54 - Contracts to avoid compensation.
Section 85.55 - Franchisor-franchisee relationship.
Section 85.56 - Employees in interstate commerce.
Section 85.59 - Benefits for inmates and offenders.
Section 85.62 - Inmates of county jail.
Section 85.64 - Limitation of benefits.
Section 85.65 - Payments to second injury fund.
Section 85.65A - Payments to second injury fund — surcharge on employers.
Section 85.66 - Second injury fund — creation — custodian.
Section 85.67 - Administration of fund — special counsel — payment of award.
Section 85.68 - Actions — collection of payments — subrogation.
Section 85.69 - Federal contributions.
Section 85.71 - Injury outside of state.
Section 85.72 - Claims for benefits made outside of state — restrictions — credit.