1. (a) A carrier may request reimbursement from the subsequent injury fund for an overpayment of income, death, or medical benefits when:

   1. (1) the carrier has paid benefits pursuant to an interlocutory order entered by a benefit review officer, and a hearing officer or arbitrator subsequently reverses the interlocutory order, or modifies it by reducing the amount of benefits due; or
   2. (2) the carrier has paid benefits pursuant to a decision of the appeals panel, and the court of last resort reverses the decision, or modifies it by reducing the amount of benefits due.

2. (b) The request for reimbursement shall:

   1. (1) be in writing;
   2. (2) state the total amount of overpayment;

   3. (3) enclose copies of:

      1. (A) the interlocutory order and the decision of the hearing officer or arbitrator; or
      2. (B) the appeals panel's decision and the judgment of the court of last resort; and
   4. (4) be filed with the administrator of the subsequent injury fund.

Source Note:The provisions of this §116.11 adopted to be effective February 11, 1992, 17 TexReg 689.