Texas Workers' Compensation

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§ 131.3. Carrier’s Petition for Payment of Benefits by the Subsequent Injury Fund

(a) When an insurance carrier reasonably believes that an injured employee may be eligible for lifetime benefits from the subsequent injury fund, the insurance carrier shall petition the commission for payment of lifetime income benefits from the subsequent injury fund. The petition shall be in writing and contain the following:

(1) the employee’s name and social security number;

(2) the date of each injury;

(3) the workers’ compensation number assigned to the claim (if any) for each injury;

(4) the name and address of the employer for whom the employee was working at the time of each injury; and

(5) any information upon which the carrier bases its request.

(b) The commission shall order the payment of lifetime income benefits from the subsequent injury fund if it finds that the effects of the two injuries combined entitle the employee to lifetime income benefits.

(c) The insurance carrier shall pay to the employee weekly benefits as ordered by the commission.

(d) The subsequent injury fund shall compensate the employee for the remaining lifetime income benefits for which the insurance carrier is not liable.

The provisions of this § 131.3 adopted to be effective April 15, 1991, 16 TexReg 1885.

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At a Glance:

Title:

§ 131.3. Carrier’s Petition for Payment of Benefits by the Subsequent Injury Fund

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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