PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —O CCUPATIONAL D ISEASE

PJC 19.3

PJC 19.3 Last Injurious Exposure—Question PJC 19.3A Last Injurious Exposure—Question—When Claimant Appeals QUESTION ______ Was Paul Payne last injuriously exposed to the hazards of the occupational disease while he was in the employment of ABC Company ? “Injuriously exposed” means that the worker suffered damage or harm to the physical structure of the body. Answer “Yes” or “No.” Answer: _______________ PJC 19.3B Last Injurious Exposure—Question—When Carrier Appeals QUESTION ______ Was Paul Payne not last injuriously exposed to the hazards of the occupa tional disease while he was in the employment of ABC Company ? [Insert PJC 19.3A definition of “injuriously exposed.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 19.3 should be used if there is evidence that the claimant may have been exposed to the hazards of an occupational disease while employed by more than one employer. See Texas Employers’ Insurance Ass’n v. Etheredge , 272 S.W.2d 869 (Tex. 1954); U.S. Fire Insurance Co. v. Ramos , 863 S.W.2d 534 (Tex. App.—El Paso, 1993, writ denied). 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 question and instruction. PJC 19.3 is based on Tex. Lab. Code §§ 406.031(b), 409.001(c).

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