In addition to his legacy as a member of Wilco, particularly his formidable contribution to their breakthrough masterpiece, Yankee Hotel Foxtrot, and five solo LPs, Jay Bennett left behind one last solo album when he tragically died due to an accidental overdose of pain medication at the age of 45 last year. Though said record, Kicking at the Perfumed Air, was known to be in its final stages of completion at the time of his passing, its potential for an official release was uncertain. Until now…

Coroner Duane Northrup has announced the cause of death of ex-Wilco member Jay Bennett and it seems his recent hip surgery was likely related to the tragedy. Billboard reports (via The Daily Swarm) that Bennett overdosed on Fentanyl, a painkiller commonly prescribed following surgery and for chronic pain. His death is believed to be an accident at this point.

In Bennett’s final blog post on MySpace, he discussed his struggle with chronic pain and joint problems after he tore his ACL stage diving at a Titanic Love Affair gig. Despite insurance troubles, Bennett had scheduled the surgery and, according to unconfirmed sources, the surgery was performed in the weeks prior to his death.

This is very sad news, but also a testament to the fact that Bennett literally may have died as a result of rocking as hard as he could.

Jay Bennett’s sudden tragic passing not only marked the loss of one of the most talented musicians and producers around, but it also left the issues between Bennett and his former band Wilco sadly unresolved. Bennett’s former bandmate and songwriting partner Jeff Tweedy released a brief statement immediately following Bennett’s death, but now he has commented further on his confused feelings regarding the loss.

“I really hadn’t been in contact with Jay for eight years now,” Tweedy told Metromix’s Scott Timberg. “Obviously there’s a lot of ambivalence there—from the unplugging of our lives from each other… it’s a confusing thing. The tragedy of it is certainly not lost on me, and I feel it very deeply. He was an extremely bright, and gifted guy, and I wish he was still around and I wish I could have seen him thrive and flourish, especially in the years he’s been out of Wilco. And I feel really sad [he] didn’t in the way he was capable of.”

Chicago Sun-Times reports (via Pitchfork) that former Wilco member Jay Bennett died in his sleep Sunday morning in Urbana, Illinois at the age of 45. The cause of death is unknown at this time.

Bennett was a key multi-instrumentalist and songwriter in Wilco for seven years, but split with the band in 2001 while they were putting final touches on their biggest breakthrough, Yankee Hotel Foxtrot. Subsequently, Bennett released five solo albums and was finishing his most recent album, Kicking at the Perfumed Air, in the past couple months.

**Update: Jeff Tweedy has posted a comment on Wilco’s official site:

We are all deeply saddened by this tragedy. We will miss Jay as we remember him — as a truly unique and gifted human being and one who made welcome and significant contributions to the band’s songs and evolution. Our thoughts go out to his family and friends in this very difficult time.

Jeff Tweedy

For more on this story from Jim DeRogatis, click here, or for a few key tracks from Bennett’s oeuvre over at Idolator, click here.

Anyone who’s seen I Am Trying to Break Your Heart, the uncomfortably revealing documentary on the making of Wilco’s 2001 breakthrough Yankee Hotel Foxtrot, knows that Jay Bennett’s departure from the band wasn’t exactly amicable. Well, now the tense scenes between Bennett and singer Jeff Tweedy will be played out in the courtroom, though likely with lawyers instead of A&R reps.

Bennett sued Jeff Tweedy today for breach of contract over royalties from his seven-year tenure in Wilco and his role in the documentary in which he split with the band, the Chicago Breaking News reports (via Jeffro’s Indie Rawk Blog). The specifics of the lawsuit indicate that Bennett is seeking compensation for his work as a sound engineer and multi-instrumentalist. This comes as no surprise, as Bennett has been publically documenting his alleged role as a songwriter, engineer, and musician in Wilco for years. Now, it seems, Wilco is rolling in dough and Bennett’s influence on their formative works is a much bigger deal.

So how much of said dough is he after? Bennett claims he wasn’t paid for his appearance in the film and only received 15% of the band’s profit from the time in question. He seeks a minimum of $50,000 in damages.