PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D EFENSES AND E XCEPTIONS

PJC 18.1

PJC 18.1 Act of God—Question PJC 18.1A Act of God—Question—When Claimant Appeals QUESTION 1 Was Paul Payne ’s injury not caused by an “act of God”? An injury is caused by an “act of God” if it is caused directly and exclusively by the violence of nature, without human intervention or cause. Answer “Yes” or “No.” Answer: _______________ If you answered “No” to Question 1, then answer Question 2. Otherwise, do not answer Question 2. QUESTION 2 Was Paul Payne injured in the course and scope of his employment? An injury caused by an act of God is not in the course and scope of employ ment unless the employee is engaged at the time in the performance of duties subjecting him to a greater hazard from the act of God than ordinarily applies to the general public. Answer “Yes” or “No.” Answer: _______________ PJC 18.1B Act of God—Question—When Carrier Appeals QUESTION 1 Was Paul Payne ’s injury caused by an “act of God”? [Insert PJC 18.1A definition of “act of God.”] Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question 1, then answer Question 2. Otherwise, do not answer Question 2.

261