DWC Posts Informal Proposed Rule Changes to Death Benefits Rules
On August 12, the Division of Workers’ Compensation posted proposed changes to 28 TAC §132.7, regarding duration of death benefits for eligible spouse, and §132.13, regarding burial benefits. The comment period for the informal rules proposal closes Wednesday, August 26, 2015 at 5 p.m. Central time. The rule amendments are necessary because of legislative changes that passed during the 2015 legislative session.
The changes proposed to Rule 132.7 are designed to recognize an exception to the carrier’s right to suspend death benefits on remarriage of an eligible spouse, when that spouse’s entitlement to death benefits arises out of the death of an employee who was a first responder as defined by Tex. Labor Code Sec. 504.055. The exception was created by HB 1094 by Rep. Charlie Geren (R-River Oaks). The new provision created by that legislation applies only to claims based on a compensable injury that occurs on or after September 1, 2015.
The changes proposed to Rule 132.13 implement the burial benefits increase found in SB 653 by Sen. Kevin Eltife (R-Tyler). That bill increased the maximum burial benefit from $6,000 to $10,000. The new provision created by that legislation applies only to a claim for burial benefits based on a compensable injury that occurs on or after September 1, 2015.
Informal comments may be submitted by email to InformalRuleComments@tdi.texas.gov or by mail or delivery to:
Texas Department of Insurance, Division of Workers’ Compensation
Maria Jimenez Workers’ Compensation Counsel,
MS-4D
7551 Metro Center Drive, Suite 100
Austin, Texas 78744-1645
This informal posting is not a formal rule proposal and comments received will not be treated as formal public comment for the purposes of the Administrative Procedure Act. There will be an opportunity to formally comment once the rules are proposed and published in the Texas Register.
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