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Tex. Lab. Code § 408.184

REDISTRIBUTION OF DEATH BENEFITS

Known as the Texas Workers' Compensation Act

The act spans §§ 401.001 to 419.007 (623 sections).

Applied in 2 court decisions — leading case State Office of Risk Management v. Carty (2014)

Most recently applied in State Office of Risk Management v. Carty (June 2014)

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff

(a) If a legal beneficiary dies or otherwise becomes ineligible for death benefits, benefits shall be redistributed to the remaining legal beneficiaries as provided by Sections 408.182 and 408.183.

(b) If a spouse ceases to be eligible because of remarriage, the benefits payable to the remaining legal beneficiaries remain constant for 104 weeks. After the 104th week, the spouse's share of benefits shall be redistributed as provided by Sections 408.182 and 408.183.

(c) If all legal beneficiaries, other than the subsequent injury fund, cease to be eligible and the insurance carrier has not made 364 weeks of full death benefit payments, including the remarriage payment, the insurance carrier shall pay to the subsequent injury fund an amount computed by subtracting the total amount paid from the amount that would be paid for 364 weeks of death benefits.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.