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All Jurisprudence based

0 tracked cards Labor and Social Legislation

An employee, Carlos Abad, dies from a work-related accident. He leaves behind a surviving wife, two legitimate children aged 6 and 10, and no dependent parent. (a) Identify the central doctrine governing entitlement to death benefits in a work-related death scenario under In General – LC, Art. 198. (b) Distinguish the controlling rule for death benefits from disability benefits and state the proper order of dependency. (c) Apply the rule to these facts: who are the proper beneficiaries and why, and how should the benefits be allocated among them; specifically, what happens to the allocation when both a surviving spouse and legitimate children exist.

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The wife and two children share the benefit equally, each receiving one-third. Surviving spouse and legitimate children are the proper beneficiaries; the dependent parent has no right; the benefits are allocated among them in accordance with the order of dependency and shared between the spouse and each child. The benefits are divided among all dependents per a fixed statutory schedule that treats a surviving spouse as the sole beneficiary only if there are no children. The entire death benefit goes to the surviving wife as the primary dependent.

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