72-417. MAXIMUM TOTAL PAYMENT. The maximum weekly income benefits payable for all beneficiaries in case of death shall not exceed sixty per cent (60%) of the average weekly wage of the deceased as calculated under section 72-419, [Idaho Code,] subject to the maximum limits in section 72-416[, Idaho Code]. The classes of beneficiaries specified in paragraphs (1), (2) and (3) of section 72-413, [Idaho Code,] shall have priority over all other beneficiaries in the apportionment of income benefits. If the provisions of said paragraphs should prevent payment to other beneficiaries of the income benefits to the full extent otherwise provided in section 72-413, [Idaho Code,] the gross remaining amount of income benefits payable to such other beneficiaries shall be apportioned by class, proportionate to the interest of each class in the remaining amount. The dependents specified in paragraph (4) of section 72-410, [Idaho Code,] shall be considered to be in one (1) class and those specified in paragraph (5) of said section, in another class.
History:
[72-417, added I.C., sec. 72-417, as added by 1971, ch. 124, sec. 3, p. 422.]