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Board Rule 226 Procedures For Appointing Guardian For Minor Or Incompetent Adult

(a)  A petition for the Board to appoint a temporary guardian to bring or defend an action under this chapter and/or receive and administer workers’ compensation benefits for a minor or incompetent adult should be filed with the Board at the time the WC-14 is filed.  In the case of a stipulated settlement, the guardianship petition should be filed prior to or at the time of the filing of the stipulated settlement agreement.

If payment to the minor or incompetent adult is pursuant to a WC-2, the guardianship petition should be filed with the Board and a guardian appointed prior to the payment of any monetary benefits to them.

(b)  Any applicant for guardianship shall consent to a criminal history record check at the time the petition for guardianship is submitted to the Board via a Form WC-226(a) or Form WC-226(b).  In addition, the applicant shall attach supporting documentation necessary to process the request.

(c)  If a petition is filed on behalf of a minor child or children, the petitioner shall inform, in writing, the Board whether the minor child or children reside with the petitioner.

(d)  If a petition is filed with the Probate Court or any other court, the parties are directed to immediately notify, in writing, the Board.  If the Probate Court or any other court appoints a guardian, the parties shall file a copy of the order with the Board.

(e)

(1)  All objections shall be made on Form WC-102D.  When attaching documents as evidence to objections, do not use tabs to separate documents.  Any party or attorney filing a request or objection shall also serve a copy on all counsel and unrepresented parties, along with supporting documents, including a separate certificate of service identifying the names and addresses served.

(2)  When filing a motion for reconsideration, the parties or attorneys shall:

(1)  immediately notify the Board or assigned Administrative Law Judge by telephone call;

(2)  use the ICMS doc-type labeled motion for reconsideration; and

(3)  serve a copy on all counsel and unrepresented parties, along with supporting documents, including a separate certificate of service identifying the names and addresses served.

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