JONATHAN D. NEAL, 
Employee, 
Respondent 
v. 
SUBWAY OF ALASKA,
Employer,
and 
FIREMAN’S FUND INS CO,
Insurer,
Petitioners.

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INTERLOCUTORY
DECISION AND ORDER
AWCB Case No. 199916380
AWCB Decision No. 00-0031
Filed in Anchorage, Alaska 
February 22, 2000.

On February 9, 2000 in Anchorage, Alaska, we heard the employer’s Petition to appoint a guardian for the employee pursuant to AS 23.30.140. The employee was represented by his mother. Attorney Joseph Cooper represented the employer. We closed the record at the conclusion of the hearing.

1. Shall the board require the appointment of a guardian for the employee under AS 23.30.140?
2. To whom shall the employee’s compensation payments be made?

The employee was injured in the course and scope of his employment with the employer on September 4, 1999. The employee was 14 years old at the time of this injury, and has since turned 15. The employer seeks a determination from the board whether the we will require a guardian or representative be appointed for the employee. The employer also seeks a determination as to whom the employee’s compensation payments should be made payable. The employee’s representative, his mother, requests that we allow her to continue to represent the employee. She also requests that future compensation payments be made directly to the employee.

Mrs. Neal testified the employee has his own savings account, and is responsible with his money, he is an honor student and is conscientious. She testified the employee knows the value of money and recently purchased his own computer with money from his savings. She testified she feels the employee is capable of handling his own finances. She testified she would prefer that the employee receive his own money, and believed there was no reason the employee should not receive his own money. The employee had no objection to having the compensation payments payable to him. Previous compensation payments were made to the employee, and Mrs. Neal testified he put that money in his own bank account and handled it responsibly.

The employee testified he is planning to save any compensation benefits he receives. He plans to save future payments to buy a car so he can get a better job, and to possibly put some towards buying a house in the future.

The employer asks us to determine if we require the appointment of a guardian to receive the employee’s compensation. AS 23.30.140 states:

We find the appointment of a guardian is not necessary in this matter. We find Mrs. Neal and the employee to be credible. AS 23.30.122. We rely on their testimony and find the employee is financially responsible and capable of receiving his own funds. The employee has his own bank account and has a history of saving his earnings and putting his finances to good use. We will not require the appointment of a guardian to receive the employee’s compensation. Further, we will not require that a guardian or other representative be appointed for the employee for any other purpose. The employee’s parents may continue to represent him, unless they choose to seek legal counsel.

1. We will not require a guardian or other representative to receive the employee’s compensation. The employer is directed to continue making future compensation payments directly to the employee.

2. We will not require the appointment of a guardian or other representative for the employee for any other purpose. The employee’s parents may continue in their representation of him.

Dated at Anchorage, Alaska this 22^nd day of February, 2000.

ALASKA WORKERS' COMPENSATION BOARD

/s/ William Wielechowski
William P. Wielechowski,
Designated Chairman

/s/ HM Lawlor
Harriet M. Lawlor, Member

/s/ Philip E. Ulmer
Philip Ulmer, Member

A party may ask the Board to reconsider this decision by filing a petition for reconsideration under AS 44.62.540 and in accordance with 8 AAC 45.050. The petition requesting reconsideration must be filed with the Board within 15 days after delivery or mailing of this decision.

Within one year after the rejection of a claim or within one year after the last payment of benefits under AS 23.30.180, 23.30.185, 23.30.190, 23.30.200 or 23.30.215 a party may ask the Board to modify this decision under AS 23.30.130 by filing a petition in accordance with 8 AAC 45.150 and 8 AAC 45.050.

I hereby certify that the foregoing is a full, true and correct copy of the Interlocutory Decision and Order in the matter of JONATHAN D. NEAL employee / respondent; v. SUBWAY OF ALASKA, employer; FIREMAN’S FUND INS. CO, insurers / petitioners; Case No. 199916380; dated and filed in the office of the Alaska Workers' Compensation Board in Anchorage, Alaska, this 22^nd day of February, 2000

Debra C. Randall, Clerk