28 Tex. Admin. Code § 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.
Notes
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