PJC General Negligence 2024

PJC 19.1

W ORKERS ’ C OMPENSATION —O CCUPATIONAL D ISEASE

A possible submission of the aggravation, acceleration, or incitement feature would be to add to the first paragraph of the definition in PJC 19.1 (or in the case of repeti tious, physically traumatic activities, to the second paragraph) the following: An “occupational disease” includes the aggravation, acceleration, or incitement of any disease, infirmity, or condition previously or subsequently existing by reason of any such damage or harm. See Bearden , 700 S.W.2d at 249; Leal , 605 S.W.2d at 328–29; Ratcliff , 537 S.W.2d at 359. Mental trauma. The legislative intent of Tex. Lab. Code §408.006 has been judicially interpreted to exclude mental trauma or mental stimuli occurring gradually over an extended period as a compensable occupational disease. GTE Southwest v. Bruce , 998 S.W.2d 605, 611 (Tex. 1999); see also Maksyn , 580 S.W.2d at 337–38. Under the “accidental injury” theory of recovery, however, mental trauma or mental stimuli traceable to a definite time, place, and cause can result in a compensable injury. State Office of Risk Management v. Foutz , 279 S.W.3d 826, 832 (Tex. App.—Eastland 2009, no pet.); Travelers Insurance Co. v. Garcia , 417 S.W.2d 630, 632 (Tex. App.— El Paso 1967, writ ref’d n.r.e.). See PJC 17.1.

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