PJC General Negligence 2022

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

PJC 25.7

PJC 25.7 Burns to the Body—Question PJC 25.7A Burns to the Body—Question—When Claimant Appeals QUESTION ______ Did Paul Payne suffer an injury that is a producing cause of third-degree burns that cover at least 40 percent of his body and require grafting? [Insert PJC 25.1A definition of “producing cause.”] Answer “Yes” or “No.” Answer: _______________ PJC 25.7B Burns to the Body—Question—When Carrier Appeals QUESTION ______ Did Paul Payne not suffer an injury that is a producing cause of third-degree burns that cover at least 40 percent of his body and require grafting? [Insert PJC 25.1A definition of “producing cause.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 25.7 should be used if there is a dispute about the existence, nature, or extent of an injury that results in third-degree burns that cover at least 40 percent of the claimant’s body and require grafting or third-degree burns covering the majority of either both hands or one hand and the face. The question should track the statutory language. See Tex. Lab. Code § 408.161(a)(7). 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 the requisite burns. If the evidence does not conclusively establish the beginning date of the requisite burns, PJC 25.7 should be modified to obtain such findings. Submission in single question. The submission of total incapacity and producing cause in a single question has been approved. Consolidated Underwriters v. Whittaker ,

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