PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D EFENSES AND E XCEPTIONS

PJC 18.7

Source of question. PJC 18.7 is derived from Tex. Lab. Code § 406.032(2). If the worker knowingly and willingly engaged in horseplay, he departed from the course of his employment, and any injury received as a result of such activity is not compensa ble. Patterson , 239 S.W.2d at 906; but see Texas Employers’ Insurance Ass’n v. Brog don , 321 S.W.2d 323, 326 (Tex. App.—Fort Worth 1959, writ ref’d n.r.e.) (employee injured by another’s horseplay entitled to compensation); see also Mo-Vac Service Co. v. Escobedo , 603 S.W.3d 119, 125 (Tex. 2020) (acknowledging intentional injury exception to Texas Workers’ Compensation Act exclusive remedy).

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