Alien Dependents of Deceased Employee — Payment to Consular Officer or Representative — Bond — List of Dependents.
[Applicable to Injuries Occurring Prior to July 1, 2014.]
Alien Dependents of Deceased Employee — Payment to Consular Officer or Representative — Bond — List of Dependents.
[Applicable to Injuries Occurring Prior to July 1, 2014.]
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In the event compensation is payable due to the death of an employee under this chapter, and the decedent leaves an alien dependent or dependents residing outside of the United States, a workers' compensation specialist is authorized to conduct a benefit review conference to attempt to resolve the issues; provided, that a representative or representatives of the employer and a duly authorized representative or representatives of the consul or other representative of the foreign country in which the dependent or dependents resides are present. In the event a settlement agreement is reached, the commissioner or commissioner's designee is authorized to approve the settlement, and the order of the commissioner or the commissioner's designee shall be entitled to the same standing as a judgment of a court of record for all purposes. In the event the parties are unable to reach an agreement at the benefit review conference, the employer or employee's representative may file a complaint in the circuit or chancery court that would have jurisdiction of the matter pursuant to § 50-6-225 requesting the court to hear and determine the matter.
The commissioner, or commissioner's designee, or the court shall order payment of any compensation due from the employer to be made to the duly accredited consular officer of the country of which the beneficiaries are citizens. The consular officer or the consular officer's representative shall be fully authorized and empowered by this law to settle all claims for compensation and to receive the compensation for distribution to the persons entitled to the compensation.
The distribution of funds in cases described in subdivision (a)(1) shall be made only upon the order of the commissioner, the commissioner's designee, or the court that heard the matter. If required to do so by the commissioner, the commissioner's designee, or the court, the consular officer or the consular officer's representative shall execute a good and sufficient bond to be approved by the commissioner, the commissioner's designee, or the court, conditioned upon the faithful accounting of the moneys so received by the consular officer or the consular officer's representative. Before the bond is discharged a verified statement of receipts and disbursements of the moneys shall be made and filed with the commissioner or the court, as appropriate.
The consular officer or the consular officer's representative shall, before receiving the first payment of the compensation, and at reasonable times thereafter, upon the request of the employer, furnish to the employer a sworn statement containing a list of the dependents with the name, age, residence, extent of dependency and relation to the deceased of each dependent.