Texas Workers' Compensation

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§ 132.6. Eligibility of Other Surviving Dependents and Eligible Parents To Receive Death Benefits

(a) A parent, stepparent, sibling, or grandparent of a deceased employee who was dependent on the employee on the day of death is entitled to receive death benefits, only if there is no eligible spouse, child, or grandchild.

(b) A surviving eligible parent is entitled to receive death benefits only if there is no eligible spouse, no eligible child, and no eligible grandchild, and there are no surviving dependents of the deceased employee who are parents, siblings, or grandparents of the deceased.

(c) A person claiming to be a beneficiary under subsection (a) or (b) of this section is required to present proof of the relationship to the deceased employee to the insurance carrier or along with the claim for death benefits. The evidence presented as proof of a relationship shall include certified copies of applicable birth certificates, or decrees of adoption, or proof of marriage. 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. A person claiming to be a beneficiary under subsection (a) of this section shall submit evidence of dependence on the deceased employee as defined in § 132.2 of this title (relating to Determination of Facts of Dependent Status). A person claiming to be a beneficiary under subsection (b) of this section shall designate all eligible parents on the claim for death benefits. An insurance carrier is not liable for payment to any eligible parent not designated on the claim for death benefits. A person claiming to be a beneficiary under subsection (b) of this section who is required to receive burial benefits in order to qualify as an eligible parent as provided in subsection (e) of this section shall also submit proof of receipt of burial benefits unless the claim for burial benefits is filed with the insurance carrier pursuant to § 132.13 of this title (relating to Burial Benefits) at the same time the claim for death benefits is filed with the division or the claim for burial benefits has been filed with the insurance carrier but is still pending at the time the claim for death benefits is filed with the division.

(d) The term “sibling” means a brother or sister who shares at least one parent, through birth or adoption, with the deceased employee.

(e) For a compensable injury occurring on or after September 1, 2007 but prior to September 1, 2009 that results in the death of the employee, the term “eligible parent” means the mother or the father of a deceased employee, including an adoptive parent or a stepparent, who receives burial benefits under § 132.13 of this title, but does not include a parent whose parental rights have been terminated.

(f) For a compensable injury occurring on or after September 1, 2009 that results in the death of the employee, the term “eligible parent” means the mother or the father of a deceased employee, including an adoptive parent or a stepparent, but does not include a parent whose parental rights have been terminated.

The provisions of this §132.6 adopted to be effective January 1, 1991, 15 TexReg 7023; amended to be effective October 12, 2008, 33 TexReg 8395; amended to be effective March 21, 2010, 35 TexReg 2191.

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At a Glance:

Title:

§ 132.6. Eligibility of Other Surviving Dependents and Eligible Parents To Receive Death Benefits

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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