GQ Corner
Q. I have a death claim where the widow and her three children are receiving benefits. The oldest is 23 years old and is a senior in college. Her mother informed me that her daughter will go to grad school. Do the benefits continue to go on while in grad school or do they stop at the age of 25 years old no matter what?
A. As long as the child remains enrolled per the rules, the child can receive benefits up to the age of 25. If the child ceases to be enrolled for 2 consecutive semesters (not including summer) then eligibility can be lost.
Q. I have a Claimant who was on site performing his normal job duties when he stepped back and his left knee gave out. I have just received the claim so medical is forth coming. The initial diagnosis is a knee sprain. The employer is questioning the compensability of the claim.
A. The claim is probably compensable if the claimant sustained damage or harm to his knee as a result of the incident. The appeals panel has determined a similar claim to be compensable in Texas Division of Workers’ Compensation Appeals Panel Decision No. 070284-S. In that case the claimant suffered an injury while he was walking and the appeals panel found it to be compensable. The key was that the claimant had to show that he could meet the definitions under Section 401.011(10) and (12). The appeals panel expressly held that there is no requirement to prove that a pivot, twist, turn, or other type of motion occurred while walking in order to prove that an injury arose out of and in the course of employment.
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