Carrier’s Entitlement to Reimbursement From the Subsequent Injury Fund (SIF)–Texas Workers’ Compensation Case Law

In 1995, the Texas Court of Appeals decided the case of Texas Workers’ Comp. Comm’n v. City of Bridge City, 900 S.W.2d 411, 416 (Tex. App.–Austin 1995, writ denied). Bridge City addressed a carrier’s entitlement to reimbursement from the Subsequent Injury Fund (SIF) regarding benefits paid pursuant to an interlocutory order or a contested case decision when the order is overturned by the Appeals Panel or court. Based on the language in the Texas Workers’ Compensation Act, the Court of Appeals stated that a carrier is not entitled to reimbursement for benefits paid pursuant to a TWCC order between the date of a contested case hearing decision and the TWCC Appeals Panel decision. This gap in the period of benefits that carriers could obtain reimbursement from the SIF could under certain circumstances be significant.


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