PJC General Negligence 2024

PJC 24.2

W ORKERS ’ C OMPENSATION —S UPPLEMENTAL I NCOME B ENEFITS

PJC 24.2 Reduced Earnings as Direct Result of Impairment— Question PJC 24.2A Reduced Earnings as Direct Result of Impairment— Question—When Claimant Appeals QUESTION ______ Did Paul Payne earn less than 80 percent of his average weekly wage between [ date ] and [ date ] as a direct result of his impairment from the compen sable injury? Answer “Yes” or “No.” Answer: _______________ PJC 24.2B Reduced Earnings as Direct Result of Impairment— Question—When Carrier Appeals QUESTION ______ Did Paul Payne not earn less than 80 percent of his average weekly wage between [ date ] and [ date ] as a direct result of his impairment from the compen sable injury? Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 24.2 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 did or did not earn less than 80 percent of his average weekly wage during a supplemental income benefits (SIBs) qualifying period as a direct result of his impairment from the compensable injury. The dates used in PJC 24.2 should reflect the dates of the SIBs qualifying period in dispute, as determined by the Divi sion’s decision and order. See PJC 24.3 for an accompanying instruction. 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 questions and instructions. PJC 24.2 is derived from Tex. Lab. Code § 408.142 and 28 Tex. Admin. Code § 130.102(b), (c).

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