SECTION 126.3. Payment of Benefits to Legally Incompetent Persons

(a) Benefits for an injured employee found to be legally incompetent shall be paid by the carrier to the court-appointed guardian for the use and benefit of the injured employee, in accordance with the terms of any court order.

(b) If the carrier and the commission receive a certified copy of the court order declaring the injured employee legally competent, benefits shall once again be paid directly to the injured employee.

(c) The Ombudsman Program may provide information to the parties to a claim about available options if no court has declared an employee to be legally incompetent.

(d) This rule will also apply to payment of death benefits to legally incompetent beneficiaries of deceased employees.

Source Note: The provisions of this §126.3 adopted to be effective January 1, 1991, 15 TexReg 6747.