SECTION 55.5. Lump Sum Payments

No lump sum payment of fatal benefits may be made without prior board approval. No lump sum payment of fatal benefits may be made to beneficiaries, unless there exists a bona fide dispute as to the liability of the insurance carrier, and no lump sum payment of benefits for injuries enumerated in Texas Civil Statutes, Article 8306, §11a, shall be made unless there is also a bona fide dispute as to the liability of the insurance carrier (Texas Civil Statutes, Article 8306, §8(d) and §10(d)).

(1) When authorized by statute, a lump sum payment for a minor's compensation in fatal cases will be considered by the board upon receipt of a certified copy of letters of guardianship. If the carrier requests an order of a probate court directing a lump sum payment, the cost thereof shall be borne by the carrier.

(2) All lump sum payment agreements submitted to the board must be submitted in four parts--the original must be white, the second copy pink, third copy yellow, and fourth copy white. The forms must either be on NCR paper or be submitted with carbon left intact. The board will mail a copy of the lump sum payment agreement to the claimant, claimant's attorney if one has been employed, and the carrier's Austin representative in lieu of a separate approval notice.

Source Note: The provisions of this §55.5 adopted to be effective November 20, 1977, 2 TexReg 4320; amended to be effective November 11, 1983, 8 TexReg 4496; amended to be effective June 1, 1993, 18 TexReg 3194.