Amends TCA Title 50, Chapter 6.

This bill generally increases the death benefit in workers compensation claims from 66 2/3 percent of the deceased's average weekly wage (AWW) to 75 percent of the deceased's AWW, up to 100 percent of the state's AWW, and makes the following specific changes to present law concerning death benefits in workers' compensation claims:<br /> <br /> (1) The requirement that benefits terminate upon remarriage of a surviving spouse, if there is no child of the deceased employee, is deleted;<br /> <br /> (2) The benefit payable to a surviving spouse when there is no dependent child is increased from 50 percent to 66 2/3 of the deceased's AWW;<br /> <br /> (3) The benefit payable to a single dependent orphan is increased from 50 percent to 66 2/3 of the deceased's AWW;<br /> <br /> (4) The benefit payable to multiple dependent orphans is increased from 66 2/3 to 75 percent of the deceased's AWW;<br /> <br /> (5) The benefit payable to a surviving spouse and one or more dependent children is increased from 66 2/3 to 75 percent of the deceased's AWW;<br /> <br /> (6) The benefit payable to a surviving spouse in the case of remarriage where there is a dependent child is increased from 66 2/3 to 75 percent of the deceased's AWW; and<br /> <br /> (7) The extended benefit, up to age 22, for dependent children of a deceased who attend a recognized educational institution will also be payable a dependent who is employed or enrolled in an apprenticeship program.<br /> <br /> ON MARCH 6, 2023, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 97, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to make changes to death benefits in workers' compensation claims, as described below. <br /> <br /> REMARRIAGE OF A SURVIVING SPOUSE<br /> <br /> Under present law, upon the remarriage of a surviving spouse, if there is no child of the deceased employee, the compensation terminates; but if there is a child or children under the 18, or over 18 if physically or mentally incapacitated from earning, from the time of the remarriage, the child or children must have status of orphans, and draw compensation accordingly, not, however, to exceed 66 and 2/3 percent of the average weekly wages of the deceased. <br /> <br /> This amendment adds that, upon the remarriage of a surviving spouse, if there is no child of the deceased employee, then the surviving spouse is entitled to one lump sum payment equal to 100 weeks based on 25 percent of the average weekly wages of the deceased employee, subject to the maximum total benefit. <br /> <br /> DEATH<br /> <br /> This amendment provides that any benefit payable for compensation in death cases that is currently 50 percent is increased 66 and 2/3 percent. <br /> <br /> COMPENSATION PAID TO CHILDREN<br /> <br /> Under present law, in computing and paying compensation to orphans or other children, in all cases, only those under 18, or those over 18 who are physically or mentally incapacitated from earning, must be included, the former to receive compensation only during the time they are 18, the latter only for the time they are so incapacitated. However, if the dependent is attending a recognized educational institution, benefits must be paid until 22. <br /> <br /> This amendment expands the requirement that benefits be paid until 22 for dependents attending a recognized educational institution to include if the dependent is completing secondary education or a program leading to an equivalent credential, or enrolled in a recognized institution that provides postsecondary or career or technical education. <br /> <br /> COMPENSATION PAID TO DEPENDENTS<br /> <br /> This amendment adds to the present law pertaining to dependents for compensation payments that if a dependent, as established by order, judgment, or decree, is determined to be entitled to benefits under the Workers' Compensation Law, then the employer or insurer may periodically require the dependent to provide information relevant to whether the dependent continues to qualify for benefits. After receipt of the request for information, the dependent must provide the requested information relevant to dependency within 15 days of the date of the request. <br /> <br /> If the dependent fails to provide the requested information relevant to dependency, then the employer or insurer may suspend benefits. If benefits are suspended, then the employer or insurer must notify the department by filing a notice of change or termination of benefits within 15 days of the first omitted payment of compensation. If the dependent provides the requested information relevant to dependency within any period of suspension of benefits and the employer or insurer does not dispute the dependent's eligibility for benefits, then within 15 days of the receipt of such information, the employer or insurer must restore periodic benefits and must remit to the dependent any periodic benefits that were withheld during any period of suspension of benefits. <br /> <br /> If the dependent provides information indicating the dependent no longer qualifies for benefits under this chapter based on changes in the dependent's circumstances that have occurred since the time of the initial order, judgment, or decree, then the employer or insurer may terminate benefits. If benefits are terminated, then the employer or insurer must notify the department by filing a notice of change or termination of benefits within 15 days of the first omitted payment of compensation. If benefits are suspended or terminated, then the dependent may file a petition for benefit determination. <br /> <br /> This amendment establishes that a person who provides false or misleading information in response to a request for information relevant to dependency commits a fraudulent insurance act, which is punishable as theft. <br /> <br /> AMENDMENT #2 names this bill the "Garrison-Jordan Survivor Benefits Act."<br />