(a) Claims against the Subsequent Injury Fund (SIF) shall be paid in the following priority:
- (1) claims by carriers for reimbursement made pursuant to §403.007 of the Act and §132.10(g) of this title (relating to Payment of Death Benefits to the Subsequent Injury Fund);
- (2) claims by injured workers for lifetime benefits, as provided by §408.162 of the Act; and
- (3) claims by carriers for reimbursement, made pursuant to §410.209 and §413.055 of the Act and §116.11 of this title (relating to Request for Reimbursement or Refund from the Subsequent Injury Fund).
- (b) The SIF uses the fiscal year September 1 through August 31.
- (c) Claims described in section (a)(1) and (a)(2) may be reviewed and ordered paid by the SIF administrator at any time during the fiscal year.
(d) Following the end of the fiscal year, the administrator of the SIF shall review:
- (1) the SIF available balance and projected revenues and liabilities;
- (2) the current claims against the SIF, in the order of priorities set out in subsection (a) of this section; and
- (3) all completed requests for reimbursement as described in §116.11 and §132.10 of this title, received during the prior fiscal year, except as provided in subsection (g) of this section.
- (e) After review, the SIF administrator shall, no later than October 30, enter appropriate orders for claims described in section (a)(3). The order shall specify the amount the SIF shall pay to the carrier.
- (f) The SIF administrator shall submit orders to the state comptroller for payment and send a copy of the order to the requesting carrier.
- (g) The SIF administrator will refrain from acting on a carrier's request for reimbursement or refund from the SIF until final resolution of the claim by a final decision of the Commission, State Office of Administrative Hearings or the court of last resort.
Source Note:The provisions of this §116.12 adopted to be effective February 11, 1992, 17 TexReg 689; amended to be effective March 13, 2000, 25 TexReg 2090.