PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —A VERAGE W EEKLY W AGE

PJC 22.1

PJC 22.1

Average Weekly Wage—Question

QUESTION ______ Was Paul Payne ’s average weekly wage not [ insert weekly wage found by DWC ]? Answer “Yes” or “No.” Answer: _______________ If you answered the above question “Yes,” then answer the following ques tion. Otherwise do not answer the following question. QUESTION ______ What was Paul Payne ’s average weekly wage? COMMENT When to use. PJC 22.1 may be submitted when a party appeals a decision of the Division of Workers’ Compensation of the Texas Department of Insurance (DWC) involving an average weekly wage dispute. 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. The court should insert the DWC’s decision regarding the average weekly wage in the first question above. The second question should be conditioned on a finding that the average weekly wage is not the average weekly wage found by the DWC. Source of question. PJC 22.1 is based on Tex. Lab. Code §408.041 and 28 Tex. Admin. Code § 128.3(g). Answer in dollars and cents. Answer: _______________

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