1. (a) The workers' compensation return-to-work account is a special account in the general revenue fund. The Texas Department of Insurance, Division of Workers' Compensation shall deposit into the account an amount not to exceed $100,000 each state appropriation year from administrative penalties received by the Division. The maximum amount of disbursements from the account may not exceed $100,000 each state appropriation year.
2. (b) Disbursements of funds from the account are dependent on the availability of funds in the account.
3. (c) The total reimbursement that any single employer may receive from the account is $2,500 for all workplace modification expenditures made during the state appropriation year for all injured employees.
4. (d) Disbursements from the account to approved eligible employers shall be made on a reimbursement basis subject to verification of employer eligibility, receipts and expenditures, workplace modifications, the employee's return to work, and approval of the employer's application.
5. (e) For purposes of making disbursements from the account, the date the employer's completed application for reimbursement from the return-to-work account is received by the Division shall be considered the official date of service.
6. (f) Reimbursements shall be processed in the order that completed applications are received by the Division.
7. (g) Reimbursements of approved applications shall be funded from the account in the state appropriation year in which the application is received.
8. (h) Approved reimbursements shall be immediately processed for funding subject to the availability of funds in the account. Applications may be denied in whole or in part due to the lack of available funds in the account.

Source Note:The provisions of this §137.44 adopted to be effective February 22, 2006, 31 TexReg 1037.