PJC General Negligence 2024

PJC 24.4

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

PJC 24.4

Active Effort to Obtain Employment—Question

PJC 24.4A Active Effort to Obtain Employment—Question—When Claimant Appeals

QUESTION ______ Did Paul Payne demonstrate an active effort to obtain employment each week between [ date ] and [ date ]? Answer “Yes” or “No.” Answer: _______________

PJC 24.4B Active Effort to Obtain Employment—Question—When Carrier Appeals

QUESTION ______ Did Paul Payne fail to demonstrate an active effort to obtain employment each week between [ date ] and [ date ]? Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 24.4 should be used to appeal a decision of the Division of Worker’s Compensation of the Texas Department of Insurance (DWC) that the injured worker did or did not make an active effort to obtain employment each week of the qualifying period. The dates used in PJC 24.4 should reflect the dates of the supple mental income benefits qualifying period in dispute, as determined by the Division’s decision and order. 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. PJC 24.4 is derived from Tex. Lab. Code §§408.1415, 408.142 and 28 Tex. Admin. Code § 130.102(d).

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