PJC General Negligence 2024

PJC 18.8

W ORKERS ’ C OMPENSATION —D EFENSES AND E XCEPTIONS

PJC 18.8

Injurious Practices of Employees of Texas A&M University System or Its Institutions, the University of Texas System or Its Institutions, or the Texas Department of Transportation—Question

PJC 18.8A Injurious Practices of Employees of Texas A&M

University System or Its Institutions, the University of Texas System or Its Institutions, or the Texas Department of Transportation—Question—When Claimant Appeals

QUESTION ______ Did Paul Payne not persist in an injurious practice that tended to imperil or retard his recovery and that contributed to his incapacity? To “persist in an injurious practice,” a worker must have continued in an act or course of action after having been advised or having knowledge that the act or course of action should be discontinued and that persisting in such act or course of action would imperil or retard his recovery, or a worker must have refused to submit to medical, surgical, chiropractic, or the remedial treatment recognized by the state as reasonably essential to promote the employee’s recovery. Answer “Yes” or “No.” Answer: _______________

PJC 18.8B Injurious Practices of Employees of Texas A&M

University System or Its Institutions, the University of Texas System or Its Institutions, or the Texas Department of Transportation—Question—When Carrier Appeals

QUESTION 1 Did Paul Payne persist in an injurious practice that tended to imperil or retard his recovery and that contributed to his incapacity? [Insert PJC 18.8A definition of “persist in injurious practice.”] Answer “Yes” or “No.” Answer: _______________

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