PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —T IMELINESS OF R ESPONDING

PJC 20.2

PJC 20.2 Notice to Employer of Injury—Question PJC 20.2A Notice to Employer of Injury—Question—When Claimant Appeals QUESTION ______ Did ABC Company have notice of the injury within thirty days after its occurrence ? Notice to or actual knowledge on the part of the employer or of any supervi sor or manager for the employer is “notice” to the employer. Answer “Yes” or “No.” Answer: _______________ PJC 20.2B Notice to Employer of Injury—Question—When Carrier Appeals QUESTION ______ Did ABC Company lack notice of the injury within thirty days after its occurrence ? [Insert PJC 20.2A instruction on “notice.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 20.2 should be used if there is a dispute about whether the worker gave timely notice of his injury to either his employer or the carrier. 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 20.2 is based on Tex. Lab. Code §§ 409.001, 409.002. Evidence of more than one injury. If there is evidence of more than one injury, the date of the injury inquired about should be included in the question.

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