| 1 | 1 | | By: Lucio S.B. No. 442 |
|---|
| 2 | 2 | | (In the Senate - Filed January 9, 2009; February 17, 2009, |
|---|
| 3 | 3 | | read first time and referred to Committee on State Affairs; |
|---|
| 4 | 4 | | April 22, 2009, reported favorably by the following vote: Yeas 8, |
|---|
| 5 | 5 | | Nays 0; April 22, 2009, sent to printer.) |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | A BILL TO BE ENTITLED |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | relating to the receipt of death benefits in the workers' |
|---|
| 11 | 11 | | compensation system. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Subsections (d-2) and (f), Section 408.182, |
|---|
| 14 | 14 | | Labor Code, are amended to read as follows: |
|---|
| 15 | 15 | | (d-2) Except as otherwise provided by this subsection, to be |
|---|
| 16 | 16 | | eligible to receive death benefits under Subsection (d-1), an |
|---|
| 17 | 17 | | eligible parent must file with the division a claim for those |
|---|
| 18 | 18 | | benefits not later than the first anniversary of the date of the |
|---|
| 19 | 19 | | injured employee's death from the compensable injury. The claim |
|---|
| 20 | 20 | | must designate all eligible parents and necessary information for |
|---|
| 21 | 21 | | payment to the eligible parents. The insurance carrier is not |
|---|
| 22 | 22 | | liable for payment to any eligible parent not designated on the |
|---|
| 23 | 23 | | claim. Failure to file a claim in the time required bars the claim |
|---|
| 24 | 24 | | unless good cause exists for the failure to file a claim under this |
|---|
| 25 | 25 | | section [The commissioner may extend the time for filing a claim |
|---|
| 26 | 26 | | under this subsection only if the eligible parent submits proof |
|---|
| 27 | 27 | | satisfactory to the commissioner of a compelling reason for the |
|---|
| 28 | 28 | | delay]. |
|---|
| 29 | 29 | | (f) In this section: |
|---|
| 30 | 30 | | (1) "Eligible child" means a child of a deceased |
|---|
| 31 | 31 | | employee if the child is: |
|---|
| 32 | 32 | | (A) a minor; |
|---|
| 33 | 33 | | (B) enrolled as a full-time student in an |
|---|
| 34 | 34 | | accredited educational institution and is less than 25 years of |
|---|
| 35 | 35 | | age; or |
|---|
| 36 | 36 | | (C) a dependent of the deceased employee at the |
|---|
| 37 | 37 | | time of the employee's death. |
|---|
| 38 | 38 | | (2) "Eligible grandchild" means a grandchild of a |
|---|
| 39 | 39 | | deceased employee who is a dependent of the deceased employee and |
|---|
| 40 | 40 | | whose parent is not an eligible child. |
|---|
| 41 | 41 | | (3) "Eligible spouse" means the surviving spouse of a |
|---|
| 42 | 42 | | deceased employee unless the spouse abandoned the employee for |
|---|
| 43 | 43 | | longer than the year immediately preceding the death without good |
|---|
| 44 | 44 | | cause, as determined by the division. |
|---|
| 45 | 45 | | (4) "Eligible parent" means the mother or the father |
|---|
| 46 | 46 | | of a deceased employee, including an adoptive parent or a |
|---|
| 47 | 47 | | stepparent[, who receives burial benefits under Section 408.186]. |
|---|
| 48 | 48 | | The term does not include a parent whose parental rights have been |
|---|
| 49 | 49 | | terminated. |
|---|
| 50 | 50 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 51 | 51 | | to a claim for workers' compensation benefits based on a |
|---|
| 52 | 52 | | compensable injury that occurs on or after the effective date of |
|---|
| 53 | 53 | | this Act. A claim based on a compensable injury that occurs before |
|---|
| 54 | 54 | | that date is governed by the law in effect on the date that the |
|---|
| 55 | 55 | | compensable injury occurred, and the former law is continued in |
|---|
| 56 | 56 | | effect for that purpose. |
|---|
| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|
| 58 | 58 | | * * * * * |
|---|