PJC General Negligence 2024

PJC 18.3

W ORKERS ’ C OMPENSATION —D EFENSES AND E XCEPTIONS

PJC 18.3

Self-Inflicted Injury—Question

PJC 18.3A Self-Inflicted Injury—Question—When Claimant Appeals

QUESTION ______

Was Paul Payne ’s injury not caused by his willful attempt to injure himself ? Answer “Yes” or “No.” Answer: _______________

PJC 18.3B Self-Inflicted Injury—Question—When Carrier Appeals

QUESTION ______

Was Paul Payne ’s injury caused by his willful attempt to injure himself ? Answer “Yes” or “No.” Answer: _______________

COMMENT

When to use. If the evidence raises self-inflicted injury, PJC 18.3 should be sub mitted. See Gregory v. Texas Employers’ Insurance Ass’n , 530 S.W.2d 105 (Tex. 1975); Saunders v. Texas Employers’ Insurance Ass’n , 526 S.W.2d 515, 516–17 (Tex. 1975); Texas Workers’ Compensation Appeal No. 012660 (Dec. 3, 2001). 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. Source of question. PJC 18.3 is based on the “self-inflicted injury” exception of Tex. Lab. Code §406.032(1)(B), which provides that the carrier is not liable if the injury “was caused by the employee’s wilful attempt to injure himself.”

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