PJC General Negligence 2024

PJC 26.3

W ORKERS ’ C OMPENSATION —D EATH B ENEFITS

PJC 26.3

Death—Eligible Child—Question

PJC 26.3A Death—Eligible Child—Question—When Claimant Appeals

QUESTION ______ Was Paul Payne, Jr. an eligible child of Paul Payne at the time of Paul Payne ’s death? “Eligible child” means a child of the deceased employee if the child is— 1. a minor; 2. enrolled as a full-time student in an accredited educational institu tion and is less than twenty-five years of age; or 3. a dependent of the deceased employee at the time of the employee’s death. An “eligible child” includes an adoptive child and a dependent stepchild. A “dependent” of the deceased employee is an individual who receives a regular or recurring economic benefit that contributes substantially to the indi vidual’s welfare and livelihood. If an economic benefit was provided in the form of goods and services, the value shall be the market value of the same or similar goods and services in the same vicinity. “Full-time student” means a person enrolled in at least the minimum course load required to qualify as full-time at the particular educational institution and in the particular course of study. “Accredited educational institution” means an institution that provides a rec ognized course or courses of instruction and leads to the conference of a diploma, degree, or other recognized certification of completion at the conclu sion of the course of study. An accredited educational institution includes, but is not limited to, a high school, a college or university, and a trade school. Answer “Yes” or “No.” Answer: _______________

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