West Virginia > Workers Comp
Application For 104 Weeks Dependents Benefits BI-402 Or 104 - West Virginia
| Application For 104 Weeks Dependents Benefits Form. This is a West Virginia form and can be used in Workers Comp . |
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BI-402/104 Application for 104 Weeks Dependents' Benefits 01/06 Return completed form to: BrickStreet Mutual Insurance P.O. Box 3151 Charleston, WV, 25332- 3151 In all claims for compensation, except occupational pneumoconiosis or other occupational disease, the application and proofs of dependency in fatal cases must be filed with BrickStreet Insurance within six months from and after the employee's date of death. In occupational pneumoconiosis and occupational disease claims, the application for compensation in case of death must be filed by the dependents of the employee within one year from and after the employee's death. NOTE: THESE TIMES FOR FILING ARE A CONDITION THAT MUST BE MET OR THE RIGHT TO COMPENSATION WILL BE FOREVER BARRED. Employee: Address: DE CE ASE D EMP L O YEE Employer: Address: City, State, Zip: City, State, Zip Social Security No.: Date of Death: I, (Name of Applicant) Please provide claim number and date of injury, if appropriate: Date of Injury: Date of Birth: hereby apply for fatal dependent benefits. My relation to the deceased is . S E E I NS T R U CT I O N S O N T HE B A C K O F T HI S F O R M A N D C O M P L E T E T H E A P P L I CA B L E S E C T I O N O R S E CT I O N S B E L O W . A SU RVIVING SPO USE OR G UA RDIAN O F C HILD REN APPL YING F OR BENEF ITS M UST COM PL ETE T HESE QU ESTIO NS. Current Address: (include city, state, zip) Social Security Number: What was your name before your marriage to the deceased? Date and place of marriage: Date and place of birth: Driver's License number and state of issuance: Did you live with the deceased from the date of marriage to the date of death? If no, please explain. Yes No Was the deceased ever previously married? If yes, how was the marriage dissolved? Yes No Were you actually dependent upon the earnings of the deceased at the date of death? Were you pregnant with the deceased's child at the time of death? If yes, provide expected date of birth: Yes No Yes No THE FOLLOWING MUST BE COMPLETED TO IDENTIFY THE SURVIVING DEPENDENT CHILDREN: Name Social Security Number Date of Birth Full-Time Student Driver's License Number and State (18-25) or Disabled Child * Please note: Full-time students between the ages of 18 and 25 must complete a student contract application to receive benefits. If you have an invalid child you must provide medical evidence. If any surviving dependent children are not in the immediate care and custody of the surviving spouse, see instructi ons on reverse side and explain. Also, please list those children in the space provided above. BrickStreet Mutual Insurance P.O. Box 3151 Charleston, WV 25332 American LegalNet, Inc. www.USCourtForms.com T HE S E Q UE S T I O N S M U S T B E A N S W E RE D B Y P A REN T S , G R A N D P A R E N T S , S I B L I N G S , E T C . T H ESE Q U EST I O N S M US T B E AN SW E RED BY SU R VI VIN G DE PEN DE NT S O T HE R T HA N A S PO U SE O R C HI L D. Name Social Security Number Date of Birth Driver's License Number and State Relationship to Deceased Invalid Medical Evidence Enclosed, Yes or No? Are you aware of any other surviving dependents? If so, please provide as much information as possible about them. Please attach a separate sheet of paper with the above information, if additional space is needed. Were you fully dependent upon the earnings of the deceased at the date of death? Yes No If yes, provide documentation of dependency (i.e., tax returns, proof of health insurance, trustee accounts). Were you partially dependent upon the earning of the deceased at date of death? Did you reside in the same household as the deceased at the date of death? If no, provide current address: Yes Yes No No What weekly amount was contributed to your support by the deceased? $ What was the total amount contributed to your support by the deceased during the 12 months prior to the death? $ Were you incapable of self-support? If yes, why? Yes No Other income: List all amounts and sources (i.e., tax returns, social security benefits, Department of Health and Human Resources, pension, disability insurance, etc.) Signature of Applicant Telephone Number Witness Signature Witness Signature Sworn and subscribed before me, the undersigned authority, on the day of . Officer Taking Acknowledgement Date I N S T R U CT I O N S My Commission Expires IMPORTANT: To avoid delay in considering your claim, be sure to answer all questions that apply and attach the appropriate certificates and documents to your application. Please note that the form must be notarized. Certified copies of the following documents must be submitted where applicable: Death Certificate Marriage Certificate Divorce Decree Birth Certificate A certified copy of the death certificate showing the cause of death must be submitted. If an autopsy was performed, a complete copy of the autopsy report must be submitted. A certified copy of the marriage certificate must be filed. If either the surviving spouse or the deceased employee was previously married and divorced, a certified copy of the divorce decree must be submitted. If the former marriage dissolved by death, a certified copy of the death certificate must be submitted. If surviving children are to receive benefits, a birth certificate must be submitted for surviving children under 18 years of age. Children under 25 years of age attending school fulltime may qualify for benefits if a statement verifying their attendance is sent to BrickStreet by the registrar of an accredited school. If dependent children are living in a different household from that of the deceased, information must be submitted including their name, date of birth, Social Security number, driver's license number (if applicable), address and the dependency circumstances involved. Their legal guardian must file an application on behalf of such children and must include a copy of the guardianship appointment. Benefits must be paid for an invalid child if appropriate medical information is filed that proves that the child is an invalid. Other dependents (parents, grandparents, siblings, etc.) must submit proof of dependency, in affidavit form, with their application for compensation. Individuals having knowledge that the applicants were dependent upon the earnings of the deceased for support, and describing the amount of contribution and the dates and methods of contribution should make affidavits. Also, a statement must be filed by the applicant explaining all the amounts and sources of other in
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