PJC General Negligence 2024

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

PJC 23.2

PJC 23.2 Duration of Disability—Question If you answered “Yes” to Question ______ [ 23.1A ], then answer the follow ing question. Otherwise, do not answer the following question. QUESTION ______ What is the duration of Paul Payne ’s disability between [ date ] and [ date ]? Beginning date: _______________ Ending date: _______________ COMMENT When to use. PJC 23.2 should be used in any case involving a disability dispute in which there has been a finding that disability exists. It should be conditioned on an affirmative answer to PJC 23.1A. The dates reflected in this question should mirror the dates reflected in those used to submit PJC 23.1A. If the evidence suggests intermittent periods of disability, the answer blanks should be modified as appropriate. 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 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 23.11 regarding the definition of “disability.”

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