PJC Business

D AMAGES

PJC 115.28

PJC 115.28 Question and Instruction on Damages—Retaliation for Seeking Workers’ Compensation Benefits QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for his damages, if any, that resulted from such con duct? Consider the following elements of damages, if any, and none other. Do not include interest on any amount of damages you may find. Do not include back pay or interest in calculating compensatory damages, if any. Reduce lost wages, if any, by wages earned, if any, in the past and wages, if any, which in reasonable probability will be earned in the future. Answer separately in dollars and cents for damages, if any. 1. Lost earnings and employee benefits in the past (between date of [ discharge or discriminatory event ] and today). Answer: _______________ 2. Lost earnings and employee benefits that in reasonable probability will be lost in the future. Answer: _______________ 3. Compensatory damages in the past, which include [ emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other noneconomic losses ]. Answer: _______________ 4. Compensatory damages in the future, which include [ emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other noneconomic losses ]. Answer: _______________

COMMENT When to use. PJC 115.28 should be predicated on a “Yes” answer to PJC 107.5.

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