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All Jurisprudence based

0 tracked cards Labor and Social Legislation

An employee, Ramon Mercado, dies from a work-related accident. He leaves behind a surviving wife, a legitimate 8-year-old son, and a dependent father who relied on him for support. (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, does the dependent father have any right given the presence of the wife and the child?

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The surviving wife and legitimate child are the proper beneficiaries; the dependent father has no right; benefits are allocated to wife first, then the child, in accordance with the priority order. The surviving wife and the dependent father are the proper beneficiaries; the child has no right; the father takes the share first. The child alone receives the death benefits; the wife and father have no claims. The child and father receive, while the wife is excluded because she is not a dependent.

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