PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —L IFETIME I NCOME B ENEFITS

PJC 25.1

PJC 25.1 Injury Causing Total Loss of Use—Question PJC 25.1A Injury Causing Total Loss of Use—Question—When Claimant Appeals QUESTION ______ Did Paul Payne suffer an injury to his [ insert applicable body part ] that was a producing cause of the total loss of use of his [ insert applicable body part ]? “Producing cause” means a cause that is a substantial factor in bringing about an injury, and without which the injury would not have occurred. There may be more than one producing cause. “Total loss of use” of a member of the body exists whenever by reason of injury such member no longer possesses any substantial utility as a member of the body or the condition of the injured member is such that the worker cannot get and keep employment requiring the use of such member. Answer “Yes” or “No.” Answer: _______________ PJC 25.1B Injury Causing Total Loss of Use—Question—When Carrier Appeals QUESTION ______ Did Paul Payne not suffer an injury to his [ insert applicable body part ] that was a producing cause of the total loss of use of his [ insert applicable body part ]? [Insert PJC 25.1A definitions of “producing cause” and “total loss of use.”] Answer “Yes” or “No.” Answer: _______________

COMMENT When to use. PJC 25.1 should be used if there is a dispute about the existence of an injury to the enumerated members found in Tex. Lab. Code §408.161(a)(2)–(5) or

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