Death Benefits
DEATH BENEFITS / Tax Filing Status Considered In Determining Spouse Beneficiary For Workers’ Compenation Death Benefits
Appeal 180814
Claimant beneficiary sought Texas workers’ compensation death benefits as the surviving spouse of the deceased employee. To support a finding of beneficiary status, the ALJ relied upon the tax filings in evidence. The claimant beneficiary testified that they had filed taxes jointly as a married couple. However, the tax return noted the claimant beneficiary to be a dependent, and a box was checked indicating there was no relationship between the deceased employee and the claimant beneficiary.
The Appeals Panel reversed and remanded this decision because a finding that the deceased employee and the claimant beneficiary had filed taxes jointly was a “material misstatement of fact.” Furthermore, claimant beneficiary’s testimony indicated they filed taxes the way they did because she was still married to another man at the time.
DEATH BENEFITS / Death Found Related To Compensable Injury By Seemingly Conclusory Evidence
Appeal 190585
Initially, the ALJ found that the claimant sustained an occupational disease in the form of pulmonary fibrosis, and this decision was affirmed. The ALJ also found that the claimant’s death did not result from the compensable injury.
Upon review, the Appeals Panel reversed the finding that the death did not result from the compensable injury. In evidence was a death certificate noting the cause of death to be respiratory failure due in part to pulmonary fibrosis, and an autopsy report listing the cause of death as pulmonary fibrosis. The AP stated that there was no evidence that established the decedent’s death resulted from something other than respiratory problems. There was no discussion indicating that there was any other part of this evidence, or any other piece of evidence, upon which this reversal was based. Therefore, it would be appropriate to award Texas workers’ compensation death benefits.
Additional Info About Texas Workers’ Compensation Death Benefits Is Available At:
Texas Workers’ Compensation Death Benefits After A Workplace Fatality
Death Benefits For An Employee’s Spouse After A Workplace Accident
