PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D ISABILITY , MMI & I MPAIRMENT

PJC 23.1

PJC 23.1 Producing Cause of Disability—Question PJC 23.1A Producing Cause of Disability—Question—When Claimant Appeals QUESTION ______ Was Paul Payne ’s compensable injury a producing cause of disability between [ date ] and [ date ]? “Producing cause” means a cause that is a substantial factor in bringing about disability, and without which the disability would not have occurred. There may be more than one producing cause. “Disability” means the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wages. Answer “Yes” or “No.” Answer: _______________ PJC 23.1B Producing Cause of Disability—Question—When Carrier Appeals QUESTION ______ Was Paul Payne ’s compensable injury not a producing cause of disability between [ date ] and [ date ]? [Insert PJC 23.1A definitions of “producing cause” and “disability.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 23.1 may be used when a party appeals a decision of the Divi sion of Workers’ Compensation of the Texas Department of Insurance (DWC) about the existence or duration of an injured worker’s disability. 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.

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