PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D EFENSES AND E XCEPTIONS

PJC 18.8

If you answered “Yes” to Question 1, then answer Question 2. Otherwise, do not answer Question 2. QUESTION 2 Find the dates during which Paul Payne ’s persisting in such injurious prac tice contributed to his incapacity. Answer by giving the beginning and ending dates. Beginning date: _______________ Ending date: _______________ If you answered “Yes” to Question 1, then answer Question 3. Otherwise, do not answer Question 3. QUESTION 3 Find the percentage that Paul Payne ’s persisting in such injurious practice COMMENT When to use. PJC 18.8 should be used if an employee of the Texas A&M Univer sity System or its Institutions, the University of Texas System or its Institutions, or the Texas Department of Transportation persisted in, after being advised to desist from, any injurious practice that imperiled or retarded the employee’s recovery and contrib uted to the employee’s incapacity. A finding that the employee did persist in engaging in injurious practices should be followed by a question inquiring about the dates during which such persistence contributed to the employee’s incapacity as well as a question asking the jury to find the percentage that such persistence in injurious prac tices contributed to the incapacity. 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 questions. PJC 18.8 is derived from the Tex. Lab. Code §502.067, which provides— (a) The commissioner of workers’ compensation may order or direct the system or the institution to reduce or suspend the compensation of an injured employee who: contributed to his incapacity. Answer: ______________%

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