PJC General Negligence 2024

PJC 18.7

W ORKERS ’ C OMPENSATION —D EFENSES AND E XCEPTIONS

PJC 18.7 Horseplay—Question PJC 18.7A Horseplay—Question—When Claimant Appeals QUESTION ______ Was Paul Payne not engaged in horseplay that was a producing cause of his injury? If the employee voluntarily turns aside from the duties of his employment and willingly engages or participates in an act of practical joking, or other play, the employee is engaging in horseplay. Answer “Yes” or “No.” Answer: _______________ PJC 18.7B Horseplay—Question—When Carrier Appeals QUESTION ______ Was Paul Payne engaged in horseplay that was a producing cause of his injury? [Insert PJC 18.7A definition of “horseplay.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. If the evidence raises the “horseplay” exception to coverage, PJC 18.7 may be submitted. See Vasquez v. Six Flags Houston, Inc. , 120 S.W.3d 445, 451– 52 (Tex. App.—Texarkana 2003, no pet.); Anchor Casualty Co. v. Patterson , 239 S.W.2d 904, 908 (Tex. App.—Eastland 1951, writ ref’d n.r.e.); cf. Liberty Mutual Insurance Co. v. Hopkins , 422 S.W.2d 203, 207–08 (Tex. App.—Beaumont 1967, writ ref’d n.r.e.) (employee injured in fight); Maryland Casualty Co. v. Smithson , 341 S.W.2d 951, 955–56 (Tex. App.—Dallas 1960, writ ref’d n.r.e.) (employee injured while traveling). 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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