Attorney General Opinion WW-0645

TEXAS Honorable Ned Price, Chairman Inauf3triai k~iaent Board Walton Building Austin, Texas Dear Judge Price: opinion w. ww-645 Re: In the event an insurance carrier makee a payment to the Second Injury Fund, as provided by Sec. 12&-2(a), Art. 8306, Vernon's Civil Statutes, and a "person entitled to compensation" later proves a valid survivor of the deceased employee, can a refund of the payment to the Second Injury Fund be voluntarily made to the insurance carrier by the Industrial Accident Board. We have received your letter of May 15, 1959 in which you seek to be advised if, in the event an lneurance carrier makes a payment to the Second Injury Fund, as provided. by Sec. l2c-2(a), Article 8306, Vernon'8 Civil Statutes, and a "pereon entitled to compensation" later appears and proves to be a valid sur- vivor of the deceased employee, cau the Industrial Accident Board voluntarily refund the payment made 'to the Second Injury Fund. Section l2c-2(a), Article 8306, Vernon's Civil Statutes reads a8 follows: "In every case of the death of an employee under this Act, where there ie no p&son entitled to compensation surviving said employee, the association shall pay to the Industrial Accident Board the sum of Thtie Thousand Dollars ($3000) to be deposited with the Treasurer of the State for the benefit of said Fund and the Board shall direct the distribution thereof." In an appropriate caee, the Industrial Accident Board orders the carrier involved to make stich payment to the Second Injury Fund. The carrier may appeal the order of the Board (Sec. 5, Article 8307, Vernon's Civil Statutes) or may elect to comply with the order. If the carrier does not comply with the order, legal sanctions are provided by Section 8 of Article 8306, Vernon's Civil Statutes. Honorable r?ed Price, page 2 (VW-645) The Second Injury Fuua 5s a Trust Fund ana may be disbursed without specific appropria‘tlon.as it doee not come within the provisione of Seo- tion 6 of Article VIII of the Cotistltutlon of Texas (Attorney General's Opinion R-l261to Hon. Geo. H. Sheppard, dated June 10, 1948). Section 126 of Artihle 8306, Vernon's Civil Statutes authorizes the Board to review ite previous awards or orders based upon a Misteke of Fact, and to change or revoke its previous order. In our opinion, the'Industrla1 Accident Board may Issue an order re- voking its award to 'Che~Secona Injury Fund in an appropriate case, based upon the eubeequently d$oovered Mistake of Fact you have set forth. In such event, the amount paid into the Fund should be refunded to the carrier making the payment. The In$ustrial Accident Board may revoke en order which iakeer en award to the Second Injury Fund (Section l2c-2(a), Article 8306, Vernon'8 Civil Statutm) which 7688 based upon a mistaken fact; ana may refund to the carrier any amounts paid thereunder by issuing an order revoking its pre- PIOUS award. Yours very truly, WILLWIIsOEl -Tom I. MoFarlina Aaaistant~ / TINme APPROVED OPRUON co- Geo. P. Blackburn, Chairmen Robert T. 'Lewis Dean Davis J. Arthur Sandlin Henry 0. Braawell REVDWEDFORlREA~RRZY w BYs W. V. Ceppert