(a) Death.

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Terms Used In Tennessee Code 58-1-230

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Decedent: A deceased person.
  • National guard: means the army national guard and the air national guard. See Tennessee Code 58-1-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) The division of claims and risk management is authorized after proper investigation to pay a death benefit to or for the survivor prescribed in subdivision (a)(3), upon receiving certification by the adjutant general of the death of any member of the national guard who:

(A) Dies while performing full time training, or duty under §§ 58-1-106, 58-1-108 and 58-1-205; or
(B) Dies within one hundred twenty (120) days thereafter if death resulted from injury sustained or disease incurred or aggravated while performing such training or duty or returning from the same.
(2) A death benefit paid pursuant to subdivision (a)(1) must equal the death benefit calculated pursuant to the Workers’ Compensation Law of this state, compiled in title 50, chapter 6; provided, however, that:

(A) The benefit must be based on and determined by the average weekly wage of the guard member, as determined by the greater of:

(i) The average weekly wage earned by the guard member in the guard member’s civilian employment at the time the state active duty orders were issued; or
(ii) The average weekly wage the guard member would have received while on active federal duty;
(B) Notwithstanding subdivision (a)(2)(A), the minimum death benefit to be paid is one hundred thousand dollars ($100,000); and
(C) At the option of the beneficiaries, the amount must be paid in a lump sum and without being commuted.
(3)

(A) The benefit shall be paid to or for the benefit of the living survivor highest on the following list:

(i) Surviving spouse;
(ii) Children including children by adoption and illegitimate children who are members of the decedent‘s household and/or who have been acknowledged;
(iii) Parents;
(iv) Brothers and sisters in equal shares.
(B) No further beneficiaries shall be recognized.
(4) The death benefit herein provided shall be payable without regard to legal liability and the state shall not be entitled to subrogation in any instance.
(b)Injuries. When a member of the national guard is injured while performing fulltime training, or duty under§ 58-1-106, § 58-1-108, or§ 58-1-205, the division of claims and risk management shall compensate the guard member in the same manner and to the same extent as provided under the Workers’ Compensation Law of this state, compiled in title 50, chapter 6; provided, however, that:

(1) The compensation must be based on the average weekly wage of the guard member, as determined by the greater of:

(A) The average weekly wage earned by the guard member in the guard member’s civilian employment at the time the state active duty orders were issued; or
(B) The average weekly wage the guard member would have received while on active federal duty; and
(2) The compensation for permanent partial disability must be payable in a lump sum without commutation. Compensation for temporary disability and permanent total disability may be paid periodically in the same manner as provided under the Workers’ Compensation Law of this state, compiled in title 50, chapter 6.
(c)Coordination of Benefits. For the purpose of coordinating benefits payable from the state and from the federal government as the result of the death or injury of a member of the Tennessee national guard, any workers’ compensation benefits provided by the state shall be reduced by the amount of any medical care, hospitalization, or incapacitation pay benefits paid by the federal government to such guard member or statutory beneficiary as the result of injury or death.
(d)Investigation.

(1) No benefits for death or injury shall be paid unless and until a board of Tennessee national guard officers appointed by the adjutant general consisting of not less than three (3) officers, at least one (1) of which shall be a medical officer, shall submit, after a full evidentiary hearing according to military regulations, its findings and recommendations for approval, certification, and transmittal by the adjutant general to the division of claims and risk management, that the deceased or injured guard member was in the course of employment at the time of his death or injury or when the disease or injury which produced death was incurred.
(2) Upon receipt of the board’s report and recommendations of the adjutant general, the division of claims and risk management shall determine whether the injury or death of such member of the national guard arose out of and in the course of employment under the Workers’ Compensation Law of this state and, if appropriate, act upon such claim.
(e) Appeal. Any guard member, or any statutory beneficiary as hereinabove enumerated, whose claim is denied by the division of claims and risk management shall have the right to file the guard member’s claim with the claims commission within ninety (90) days of the date of such denial. Any decision of the claims commission pertaining to the death or injury of a member of the national guard shall be subject to judicial review pursuant to the procedure for workers’ compensation cases under § 50-6-225.
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