GQ Corner
Q. Is there a specific application that an employee needs to submit if they feel that they should be entitled to LIBs?
A: There is no specific DWC form for an injured worker to complete to request LIBS, they need only submit a written request with any supporting documentation. They can simply be a letter requesting LIBS. However, effective June of last year, there is now a form (PLN-4) for carriers to use when responding to the request for LIBs.
Q: I have a death benefits claim and have been paying the children. Last child will turn 18 on 10/8/16 and the other children allegedly were home schooled, but no proof was ever received when requested from the family. If she is home schooled what is the time frame allowed to determine if she goes to college? If she enrolls in summer courses at college do I continue to pay? Do I need proof of home schooling/graduation from high school? If she takes a year off then goes to college do I resume benefits?
A: The child’s school enrollment status is a not a factor in determining whether the child is entitled to benefits until the child turns 18. Once the child turns 18, the child needs to provide some evidence that he/she is enrolled in an accredited education institution to remain eligible. The question of home schooling is unanswered, but absent some accreditation of that program, it may not meet the statutory or rule requirement. Under Rule 132.8, Carrier can request proof of continued enrollment and the child has 20 days to provide that proof. If the claimant is not enrolled in school for 2 consecutive semesters (not including summer semesters), he/she loses entitlement to death benefits on the date the second semester starts.
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