PJC General Negligence 2022

W ORKERS ’ C OMPENSATION —L IFETIME I NCOME B ENEFITS

PJC 25.6

PJC 25.6

Incurable Insanity or Imbecility—Question

PJC 25.6A Incurable Insanity or Imbecility—Question—When Claimant Appeals QUESTION ______ Did Paul Payne suffer a physically traumatic injury to the brain that is a pro ducing cause of incurable insanity or imbecility? [Insert PJC 25.1A definition of “producing cause.”] Answer “Yes” or “No.” Answer: _______________ PJC 25.6B Incurable Insanity or Imbecility—Question—When Carrier Appeals QUESTION ______ Did Paul Payne not suffer a physically traumatic injury to the brain that is a producing cause of incurable insanity or imbecility? [Insert PJC 25.1A definition of “producing cause.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 25.6 should be used if there is a dispute about the existence, nature, or extent of a physically traumatic injury to the brain that results in incurable insanity or imbecility. See Tex. Lab. Code § 408.161(a)(6). Burden of proof. The burden of proof should be placed appropriately in accor dance with the decision of the appeals panel. See PJC 15.1. Beginning date of incurable insanity or imbecility. If the evidence does not conclusively establish the beginning date of incurable insanity or imbecility, PJC 25.6 should be modified to obtain such findings.

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