PJC General Negligence 2024

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

PJC 25.4

PJC 25.4

Ending Date—Question

If you answered “Yes” to Question [ 25.2A ], then answer the following ques tion. Otherwise, do not answer the following question. QUESTION ______ On what date did the condition found by you in response to Question ______ end, or is it permanent? Answer with a date or with “Permanent” in the blank[ s ] below. [If qualifier includes one body part, use the following.] Answer: _______________ [If qualifier includes multiple body parts, use the following.] [ Insert first applicable body part ]? Answer: _______________ [ Insert second applicable body part ]? Answer: _______________ COMMENT When to use. Lifetime income benefits (LIBs) accrue and become payable on the date that the injured employee suffers from one of the conditions listed in Tex. Lab. Code § 408.161(a) or Tex. Lab. Code § 408.161(b). PJC 25.3 should be used if there is a dispute about the beginning date of a qualifying condition listed in Tex. Lab. Code §408.161(a). PJC 25.4 should be used if there is a dispute about the permanence of a qualifying condition listed in Tex. Lab. Code §408.161(a). The question may be revised to track the statutory language for the particular qualifying condition under consideration. Source of question and instructions. Tex. Lab. Code §408.161(a)(2)–(5) refers to the loss of certain enumerated members. Such losses, by their nature, are perma nent. Tex. Lab. Code § 408.161(b) provides that the total and permanent loss of use of a body part is the loss of that body part. Thus, a claim for LIBs under a total loss of use theory requires a finding (or conclusive evidence) that any such total loss of use be permanent. Region XIX Service Center v. Banda , 343 S.W.3d 480, 485 (Tex. App.—El

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