(a) In a claim for death benefits based on an occupational disease, an autopsy may be requested by:
(1) an insurance carrier or the commission; or
(2) any legal beneficiary if the claim for benefits is denied.
(b) The request shall be submitted in writing to the commission with a copy delivered to every other party. Any party that disputes the need for an autopsy shall request, within 10 days after an autopsy is requested, a contested case hearing in accordance with the Texas Workers’ Compensation Act, § 6.31. A benefit review conference is not required before the hearing is held.
(c) After opportunity for a hearing, the commission may order the legal beneficiaries of the deceased employee to permit an autopsy if an autopsy is deemed necessary to determine the cause of the employee’s death.
(d) If an autopsy is ordered, a legal beneficiary is entitled to have a representative present at the autopsy.
(e) The insurance carrier shall pay the costs of an autopsy ordered under this rule.
The provisions of this § 132.14 adopted to be effective January 1, 1991, 15 TexReg 7023.