| 1 | 1 | | 81R1912 ALB-F |
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| 2 | 2 | | By: Solomons H.B. No. 1058 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the receipt of death benefits in the workers' |
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| 8 | 8 | | compensation system. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 408.182(d-2) and (f), Labor Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (d-2) Except as otherwise provided by this subsection, to |
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| 13 | 13 | | be eligible to receive death benefits under Subsection (d-1), an |
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| 14 | 14 | | eligible parent must file with the division a claim for those |
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| 15 | 15 | | benefits not later than the first anniversary of the date of the |
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| 16 | 16 | | injured employee's death from the compensable injury. The claim |
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| 17 | 17 | | must designate all eligible parents and necessary information for |
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| 18 | 18 | | payment to the eligible parents. The insurance carrier is not |
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| 19 | 19 | | liable for payment to any eligible parent not designated on the |
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| 20 | 20 | | claim. Failure to file a claim in the time required bars the claim |
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| 21 | 21 | | unless good cause exists for the failure to file a claim under this |
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| 22 | 22 | | section [The commissioner may extend the time for filing a claim |
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| 23 | 23 | | under this subsection only if the eligible parent submits proof |
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| 24 | 24 | | satisfactory to the commissioner of a compelling reason for the |
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| 25 | 25 | | delay]. |
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| 26 | 26 | | (f) In this section: |
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| 27 | 27 | | (1) "Eligible child" means a child of a deceased |
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| 28 | 28 | | employee if the child is: |
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| 29 | 29 | | (A) a minor; |
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| 30 | 30 | | (B) enrolled as a full-time student in an |
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| 31 | 31 | | accredited educational institution and is less than 25 years of |
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| 32 | 32 | | age; or |
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| 33 | 33 | | (C) a dependent of the deceased employee at the |
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| 34 | 34 | | time of the employee's death. |
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| 35 | 35 | | (2) "Eligible grandchild" means a grandchild of a |
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| 36 | 36 | | deceased employee who is a dependent of the deceased employee and |
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| 37 | 37 | | whose parent is not an eligible child. |
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| 38 | 38 | | (3) "Eligible spouse" means the surviving spouse of a |
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| 39 | 39 | | deceased employee unless the spouse abandoned the employee for |
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| 40 | 40 | | longer than the year immediately preceding the death without good |
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| 41 | 41 | | cause, as determined by the division. |
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| 42 | 42 | | (4) "Eligible parent" means the mother or the father |
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| 43 | 43 | | of a deceased employee, including an adoptive parent or a |
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| 44 | 44 | | stepparent[, who receives burial benefits under Section |
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| 45 | 45 | | 408.186]. The term does not include a parent whose parental rights |
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| 46 | 46 | | have been terminated. |
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| 47 | 47 | | SECTION 2. The change in law made by this Act applies only |
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| 48 | 48 | | to a claim for workers' compensation benefits based on a |
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| 49 | 49 | | compensable injury that occurs on or after the effective date of |
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| 50 | 50 | | this Act. A claim based on a compensable injury that occurs before |
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| 51 | 51 | | that date is governed by the law in effect on the date that the |
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| 52 | 52 | | compensable injury occurred, and the former law is continued in |
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| 53 | 53 | | effect for that purpose. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2009. |
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