(a) In a claim for death benefits based on an occupational disease, an autopsy may be requested by:
- (1) an insurance carrier or the commission; or
- (2) any legal beneficiary if the claim for benefits is denied.
- (b) The request shall be submitted in writing to the commission with a copy delivered to every other party. Any party that disputes the need for an autopsy shall request, within 10 days after an autopsy is requested, a contested case hearing in accordance with the Texas Workers' Compensation Act, §6.31. A benefit review conference is not required before the hearing is held.
- (c) After opportunity for a hearing, the commission may order the legal beneficiaries of the deceased employee to permit an autopsy if an autopsy is deemed necessary to determine the cause of the employee's death.
- (d) If an autopsy is ordered, a legal beneficiary is entitled to have a representative present at the autopsy.
- (e) The insurance carrier shall pay the costs of an autopsy ordered under this rule.
Source Note:The provisions of this §132.14 adopted to be effective January 1, 1991, 15 TexReg 7023.