PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —T IMELINESS OF R ESPONDING

PJC 20.4

against the claim of an injured employee or a legal beneficiary until the day on which the report required under section 409.005 has been furnished. Tex. Lab. Code § 409.008. Death benefit claims. A person must file a claim for death benefits with the divi sion not later than the first anniversary of the date of the employee’s death. A separate claim must be filed for each legal beneficiary unless the claim expressly includes or is made on behalf of another person. See Tex. Lab. Code § 409.007. Notice to DWC. A claim for compensation must be filed within one year except for good cause shown. Normally this claim is filed on DWC forms. Note, however, that there is no formality required in making claims for compensation to the DWC. See Johnson v. American General Insurance Co. , 464 S.W.2d 83, 84 (Tex. 1971). A treat ing doctor’s medical report to the Industrial Accident Board was held to constitute suf ficient notice to the board to satisfy the claimant’s obligation to file a claim under the former law. See Cadengo v. Compass Insurance Co. , 721 S.W.2d 415 (Tex. App.— Corpus Christi–Edinburg 1986, no writ).

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