PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D EFENSES AND E XCEPTIONS

PJC 18.4

PJC 18.4 Injury Followed by Self-Inflicted Death—Question PJC 18.4A Injury Followed by Self-Inflicted Death—Question— When Claimant Appeals QUESTION ______ Was Paul Payne ’s injury on January 1, 2012 , a producing cause of his death? The work injury is a “producing cause” of the worker’s death if the effects of his injury were a substantial factor in a mental derangement that dominates the worker and impairs his ability to resist a suicidal impulse, and without which the death would not have occurred. Otherwise, the injury is not a producing cause of the worker’s death. Answer “Yes” or “No.” Answer: _______________ PJC 18.4B Injury Followed by Self-Inflicted Death—Question— When Carrier Appeals QUESTION ______ Was Paul Payne ’s injury on January 1, 2012 , not a producing cause of his death? [Insert PJC 18.4A instruction on “producing cause” of death.] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 18.4 should be conditioned on an affirmative finding on “injury” or “course and scope of employment” or on “injury and course and scope of employment” if there is a question on either or both of those issues. 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.

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