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 survivor 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 Seotion 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 revoking 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 prePIOUS award. 

Yours very truly, 

WILLWIIsOEl 

-Tom I. MoFarlina 

Aaaistant~ / 

TINme 

APPROVED 

OPRUON coGeo. P. Blackburn, Chairmen 

Robert T. 'Lewis 

Dean Davis 

J. Arthur Sandlin 

Henry 0. Braawell 

REVDWEDFORlREA~RRZY w 

BYs W. V. Ceppert