West Virginia Adjusters Practice Exam

If an employee receiving permanent total disability benefits dies from an unrelated cause, what benefit goes to the children?

1. 20% of the remaining PTD benefits

2. 50% of the remaining PTD benefits

3. An award equal to 104 times the weekly PTD benefits, split between the children

4. No benefits, as the death was unrelated

The correct answer is: 20% of the remaining PTD benefits

The correct answer is that the benefit that goes to the children is 20% of the remaining permanent total disability benefits. In the context of workers' compensation and permanent total disability benefits in West Virginia, when an employee receiving such benefits passes away from a cause that is not related to their disability, a portion of the benefits may still be allocated to their children. This allocation is designed to provide some support for the dependents of the deceased worker. This stipulation allows for a continuation of financial support for the children, recognizing the impact of the worker's death, even though it is unrelated to the disability for which they were receiving benefits. The specific percentage of 20% is established within the regulations governing workers' compensation benefits to ensure that dependents of injured workers have a structured benefit available to them, reflecting a balance between providing aid and recognizing the worker's prior compensation. The other potential options, while reflecting different benefit structures, do not align with the established guidelines for these situations in West Virginia law. For example, 50% would suggest a higher level of benefit than is designated for children in this scenario, while an award based on 104 times the weekly benefits would imply a lump-sum payment, which isn't the standard practice for dependents