Texas Workers' Compensation

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§ 132.5. Eligibility of a Grandchild To Receive Death Benefits

(a) A grandchild who was dependent on the deceased employee on the day of death shall be entitled to receive death benefits, unless the grandchild’s own parent is eligible for benefits.

(b) A person claiming to be an eligible grandchild shall submit proof of the relationship to the deceased employee to the carrier or along with the claim for death benefits. The claimant shall submit a certified copy of the claimant’s birth certificate or decree of adoption, and a certified copy of the birth certificate or decree of adoption of the parent who was a child of the deceased employee. If these documents do not exist, the claimant shall submit other proof of relationship, such as baptismal records, court orders establishing paternity, voluntary admissions of paternity, or affidavits of persons who have personal knowledge of the relationship to the deceased employee. In addition, the claimant must present evidence of dependent status on the deceased employee as defined by § 132.2 of this title (relating to Determination of Facts of Dependent Status).

The provisions of this § 132.5 adopted to be effective January 1, 1991, 15 TexReg 7023.

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At a Glance:

Title:

§ 132.5. Eligibility of a Grandchild To Receive Death Benefits

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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