PJC General Negligence 2024

PJC 23.3

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

PJC 23.3

Wages Earned During Disability—Question

If you answered “Yes” to Question ______ [ 23.1A ], then answer the follow ing question. Otherwise, do not answer the following question.

QUESTION ______

Find the wages earned, if any, by Paul Payne for each week between [ date ] and [ date ]. Week one: _______________ Week two: _______________ Week three: _______________ Week four: _______________ When to use. PJC 23.3 should be used in any case involving a disability dispute in which there is evidence of postinjury earnings during the period in question. It should be conditioned on a “Yes” answer to PJC 23.1A. If there is no evidence of post injury earnings, or if the evidence conclusively establishes the claimant’s weekly earn ings during each week in dispute, the question need not be submitted. The dates in this question should mirror those in PJC 23.1A. The answer column should list as many weeks as are described in the Division of Workers’ Compensation of the Texas Department of Insurance’s (DWC’s) disputed issue. 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)). COMMENT

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