- (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 person claiming to be an eligible beneficiary under the Texas Workers' Compensation Act, §4.42(e), is required to present proof of the relationship to the deceased employee to the 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. In addition, the claimant 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).
- (c) The term "sibling" means a brother or sister who shares at least one parent, through birth or adoption, with the deceased employee.
Source Note:The provisions of this §132.6 adopted to be effective January 1, 1991, 15 TexReg 7023.