1. (a) Eligibility for lifetime income benefits is determined in accordance with the statute and rules in effect on the date of injury:

   1. (1) for total and permanent loss of sight in both eyes, applicable to a compensable injury that occurs on or after January 1, 1991;
   2. (2) for loss of both feet at or above the ankle, applicable to a compensable injury that occurs on or after January 1, 1991;
   3. (3) for loss of both hands at or above the wrist, applicable to a compensable injury that occurs on or after January 1, 1991;
   4. (4) for loss of one foot at or above the ankle and the loss of one hand at or above the wrist, applicable to a compensable injury that occurs on or after January 1, 1991;
   5. (5) for an injury to the spine that results in permanent and complete paralysis of both arms, both legs, or one arm and one leg, applicable to a compensable injury that occurs on or after January 1, 1991

   6. (6) for:

      1. (A) an injury to the skull resulting in incurable insanity or imbecility, applicable to a compensable injury that occurs on or after January 1, 1991 and before September 1, 1997
      2. (B) a physically traumatic injury to the brain resulting in incurable insanity or imbecility, applicable to a compensable injury that occurs on or after September 1, 1997
   7. (7) for third degree burns that cover at least 40 percent of the body and require grafting, or for third degree burns covering the majority of either both hands or one hand and the face, applicable to a compensable injury that occurs on or after June 17, 2001.

2. (b) Lifetime income benefits begin to accrue as provided by the Texas Workers' Compensation Act (the Act), §408.082, and are payable retroactively from the date of disability:

   1. (1) for losses described in subsection (a)(2), (3), (4) or (7); or
   2. (2) for changing from temporary income benefits to lifetime income benefits, when maximum medical improvement is certified for losses described in subsection (a)(1), (5), or (6).
3. (c) The weekly benefits paid under this section shall not be less than the minimum weekly benefit established by the commission under the Act, §408.062.
4. (d) In a claim where total and permanent loss of use is pending as provided under the Act, §408.161(b), either party may request a benefit review conference to determine whether a lifetime income benefit designation is appropriate.

Source Note:The provisions of this §131.1 adopted to be effective May 31, 1991, 16 TexReg 2737; amended to be effective January 3, 2002, 26 TexReg 10933.