SECTION 55.3. Request for Advance Payment of Compensation

(a) A claimant who suffers financial hardship because of loss of wages due to an uncontested injury may request of the carrier an advance payment of compensation ("advance") to be credited against future compensation benefits.

(b) A request for an advance shall be:

(1) prepared on a board-approved form;

(2) signed by the claimant unless waived for good cause; and

(3) submitted in the original to the carrier, with a copy filed with the board.

(c) If, within 10 days of receipt of the request, the carrier fails to tender an advance, the board may set a hearing and notify the parties in writing.

(d) If an advance is sought at a prehearing conference, in the absence of a formal request for an advance under this section, and the advance is either denied by the adjuster at that time or deemed inadequate by the claimant, the board may set a hearing on the first available formal hearing docket.

(e) After the hearing the board may direct the carrier to make an advance if the board determines that:

(1) an emergency or impending necessity exists; and

(2) the future compensation benefits due the claimant exceed the amount of the advance directed.

Source Note: The provisions of this §55.3 adopted to be effective January 1, 1990, 14 TexReg 6674.