PJC General Negligence 2024

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

PJC 24.5

PJC 24.5 Active Effort to Obtain Employment—Instruction An injured employee has demonstrated an active effort to obtain employ ment when he has met at least one of the following work search requirements each week during the entire qualifying period: 1. He has returned to work in a position that is commensurate with the injured employee's ability to work; 2. He has actively participated in a vocational rehabilitation program; 3. He has actively participated in work search efforts conducted through the Texas Workforce Commission; 4. He has performed active work search efforts documented by job applications; 5. He has been unable to perform any type of work in any capacity, has provided a narrative report from a doctor that specifically explains how the injury causes a total inability to work, and no other records show that the injured employee is able to return to work; or 6. He has not met at least one of the work search requirements in any week during the qualifying period but had reasonable grounds for failing to comply with that work search requirement. An injured employee shall provide documentation sufficient to establish that he or she has actively participated in a vocational rehabilitation program during the qualifying period. An injured employee shall provide documentation sufficient to establish that he or she has, each week during the qualifying period, made [ number ] job applications or work search contacts. COMMENT When to use. PJC 24.5 should be submitted in conjunction with PJC 24.4 if there is a question whether the injured employee has demonstrated an active effort to obtain employment during the applicable qualifying period. Only the elements applicable to the particular case should be included. The instructions on documentation requirements regarding vocational rehabilitation and work search requirements should also be included as appropriate. The number of weekly job applications or work source contacts is consistent with the number of such contacts established by the Texas Workforce Commission for receipt of unemploy-

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