SECTION 126.2. Payment of Benefits to Minors

(a) If an injured employee is a minor, benefits will be paid by the carrier to the custodial parent or guardian, for the use and benefits of the minor, until the minor turns 18 year of age, except as otherwise provided in this section.

(b) If a court-ordered relationship that affects the minor exists and is brought to the attention of the carrier or the commission, the carrier will pay benefits in accordance with that order.

(c) A parent, managing conservator, or guardian may agree, in writing, for direct payment of benefits to the minor.

(d) An injured employee who is a minor may petition the commission for direct payment of benefits. The carrier shall pay benefits directly to the minor if so ordered by the executive director, after a hearing, and a reasonable attempt is made to locate the parent or guardian for purpose of the hearing.

(e) When the carrier and commission receive proof that a minor has attained the age of 18 years, or that a guardianship has ended, benefits will be paid directly to the injured employee.

(f) This section will also apply to payment of death benefits to legal beneficiaries who are minors.

Source Note: The provisions of this §126.2 adopted to be effective January 1, 1991, 15 TexReg 6747.