PJC General Negligence 2024

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

PJC 23.4

PJC 23.4 Bona Fide Position of Employment—Question PJC 23.4A Bona Fide Position of Employment—Question—When Claimant Appeals QUESTION ______ Was Paul Payne not offered a bona fide position of employment? A “bona fide position of employment” is a position of employment that an employee is reasonably capable of performing, given the physical condition of the employee and the geographic accessibility of the position to the employee. Answer “Yes” or “No.” Answer: _______________ PJC 23.4B Bona Fide Position of Employment—Question—When Carrier Appeals QUESTION ______ Was Paul Payne offered a bona fide position of employment? [Insert PJC 23.4A definition of “bona fide position of employment.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 23.4 should be used when a party appeals a decision of the Division of Workers’ Compensation of the Texas Department of Insurance (DWC) that the injured worker was or was not offered a bona fide position of employment. See PJC 23.13 regarding the definition of “bona fide position of employment.” 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. For purposes of calculating the amount of temporary income benefits owed to an injured worker, the Code provides that “if an employee is offered a bona fide position of employment that the employee is reason ably capable of performing, given the physical condition of the employee and the geo graphic accessibility of the position to the employee, the employee’s weekly earnings

325