1. (a) Claims against the subsequent injury fund shall be paid in the following priority:

   1. (1) claims by injured workers for lifetime benefits, as provided by the Act, Article 8308-4.47; and
   2. (2) claims by insurance carriers for reimbursement, made pursuant to the Act, Articles 8308-6.15 and 8308-6.42, and §116.11 of this title (relating to Request for Reimbursement from the Subsequent Injury Fund for Overpayment of Benefits).

2. (b) At the end of each state fiscal year, the administrator of the subsequent injury fund shall review:

   1. (1) the fund's available balance and projected revenues and liabilities;
   2. (2) the current claims against the fund, in the order of priorities set out in subsection (a) of this section; and
   3. (3) all requests for reimbursement received during the prior fiscal year, except as provided in subsection (e) of this section.
3. (c) After review, the fund's administrator shall, no later than October 30, enter appropriate orders for reimbursement. Each order shall specify whether the reimbursement shall be paid periodically or in a lump sum.
4. (d) The orders shall be submitted to the state comptroller for payment. The requesting carrier shall be sent a copy of the pertinent order.
5. (e) If the carrier requests reimbursement under §116.11(a)(1) of this title (relating to Request for Reimbursement from the Subsequent Injury Fund for Overpayment of Benefits), and the hearing officer's decision is subsequently appealed, the administrator will refrain from acting on the request until final resolution of the issue by the appeals panel or the court of last resort.

Source Note:The provisions of this §116.12 adopted to be effective February 11, 1992, 17 TexReg 689.