Texas Administrative Code › Title 28 - INSURANCE › Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION › Chapter 132 - DEATH BENEFITS-DEATH AND BURIAL BENEFITS › Section 132.6 - Eligibility of Other Surviving Dependents and Eligible Parents To Receive Death Benefits

Current through Reg. 49, No. 28; July 12, 2024
(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.