(a) The Board may make an emergency award to the claimant before making a final decision in the case, if the Board determines, before taking action on the claim, that:

(1) an award likely will be made on the claim; and

(2) the claimant will suffer undue hardship unless immediate payment is made.

(b) (1) The amount of an emergency award under this section:

(i) may not exceed $5,000; and

(ii) shall be deducted from any final award made to the claimant.

(2) Except as provided in paragraph (3) of this subsection, a claimant shall repay the Board:

(i) the excess of the amount of the emergency award over any final award; or

(ii) if a final award is not made, all of the emergency award.

(3) On written request by a claimant, for a compelling reason the Board may waive the requirement that a claimant repay an emergency award under paragraph (2) of this subsection.