PJC General Negligence 2024

PJC 23.4

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

after the injury are equal to the weekly wage for the position offered to the employee.” Tex. Lab. Code § 408.103(e). See also Tex. Lab. Code §408.144(c), which contains a substantially identical provision for supplemental income benefits cases. The former law, article 8306, section 12a, provided that “[i]f the injured employee refuses employment reasonably suited to his incapacity and physical condition pro cured for him in the locality where injured or at a place agreeable to him, he shall not be entitled to compensation during the period of such refusal, unless in opinion of the board such refusal is justifiable.” See Texas Employers’ Insurance Ass’n v. McNorton , 92 S.W.2d 562, 568–69 (Tex. App.—Dallas 1936), opinion adopted , 122 S.W.2d 1043 (Tex. Comm’n App. 1939). The current law does not speak in terms of “refusal” of employment or whether such refusal is “justified.” See Tex. Lab. Code §408.103(e). Accordingly, no inquiry about whether the offer of employment was refused, or whether such refusal was justifiable, should be made.

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