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the burden to prove that the injury was the result of an accident arising
out of and in the course of employment. However, it is not necessary
that the job-related injury be the sole cause of the employee’s death. The
injury may have simply triggered or aggravated a condition that
contributed to the employee’s death. Moreover, if an employee’s death
is unexplained, a presumption exists that the death was caused by the
employment if the employee is found in a place he might reasonably be
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expected to be in the performance of his/her job duties.
The Act provides three main benefits upon the occurrence of a
compensable death claim: (1) expenses occurring on account of the
employee’s last sickness; (2) burial expenses not to exceed $7,500.00;
and (3) weekly monetary benefits for the employee’s dependents, if any.
The Act classifies dependents as primary beneficiaries and secondary
beneficiaries. If a primary beneficiary is receiving benefits, secondary
beneficiaries do not receive benefits. For example, a minor child is a
primary beneficiary, and if the child is receiving benefits, a dependent
mother of the deceased would not be entitled to recover so long as the
child is a primary beneficiary. Assuming the dependent is/was totally
dependent upon the employee’s earnings for support, the dependent may
receive the amount of compensation the employee would have received
if the individual is classified as a dependent. Generally, a dependent
child is defined as someone under the age of 18 or enrolled full-time in
high school or under the age of 22 and enrolled full-time in a
postsecondary school of higher learning. Benefits paid to a surviving
spouse continue for 400 weeks, but may be terminated upon remarriage,
cohabitation in a meretricious relationship, or reaching the age of 65.
48 See Zamora v. Coffee General Hospital, 162 Ga. App. 82 (1982).
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