PJC General Negligence 2024

PJC 23.1

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

Source of question and instructions. “‘Disability’ simply means ‘the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage,’ and thus results from any reduction in wage earning capacity.” Texas Workers’ Compensation Commission v. Garcia , 893 S.W.2d 504, 513 (Tex. 1995) (quoting Tex. Lab. Code § 401.011(16)). See PJC 23.10 regarding the definition of “producing cause” and PJC 23.11 regarding “disability.” The concept of “disability” is used to measure or determine the monetary loss suf fered by an injured worker as the result of a compensable claim. An injured worker’s entitlement to temporary income benefits as a result of any disability begins on the day after the date of injury and ends no later than the date that the employee reaches maxi mum medical improvement. See Garcia , 893 S.W.2d at 513. Disability disputes at the agency level are adjudicated retroactively from the date of the contested case hearing. The DWC usually frames the disability issue to cover a specific period of time that is in dispute. The dates used in this question should mirror the dates used by the DWC to frame the disputed issue.

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