PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D EFENSES AND E XCEPTIONS

PJC 18.9

PJC 18.9

Election of Remedies—Question

PJC 18.9A Election of Remedies—Question—When Claimant Appeals QUESTION ______ Did Paul Payne establish that his acceptance of group health insurance ben efits was not an election? An “election” occurs when one successfully exercises an informed choice between two or more remedies, rights, or states of facts that are so inconsistent as to constitute manifest injustice. An “informed choice” means a choice made with a full and clear understanding of the problems, facts, and remedies essen tial to the exercise of any knowledgeable and intelligent choice. Answer “Yes” or “No.” Answer: _______________ QUESTION ______ Did the insurance carrier establish that Paul Payne ’s acceptance of group health insurance benefits was an election? [Insert PJC 18.9A instruction on “election.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 18.9 should be used if there is evidence that the worker previ ously chose to receive compensation from a source other than the insurance carrier and now seeks to recover for the same loss from the insurance carrier. Caveat. The supreme court has specifically left open the issue of whether Tex. Lab. Code §409.009 abrogates the election-of-remedies doctrine. Valley Forge Insur ance Co. v. Austin , 105 S.W.3d 609 (Tex. 2003). PJC 18.9B Election of Remedies—Question—When Carrier Appeals

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