PJC General Negligence 2024

PJC 25.6

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

QUESTION ______ Did Paul Payne not suffer an injury to the spine that is a producing cause of permanent and complete paralysis of his [ insert second applicable body part ]? [Insert PJC 25.1A definition of “producing cause.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 25.6 should be used if there is a dispute about the existence, nature, or extent of an injury to the spine that results in permanent and complete paral ysis of both arms, both legs, or one arm and one leg. The questions should track the statutory language depending on whether the injury results in paralysis of both arms, both legs, or one arm and one leg. See Tex. Lab. Code § 408.161(a)(5). 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. Beginning date of permanent and complete paralysis. If the evidence does not conclusively establish the beginning date of permanent and complete paralysis, PJC 25.6 should be modified to obtain such findings. Submission in single question. The submission of total incapacity and producing cause in a single question has been approved. Consolidated Underwriters v. Whittaker , 413 S.W.2d 709, 714–15 (Tex. App.—Tyler 1967, writ ref’d n.r.e.). Submission of injury and producing cause in one question should also be proper.

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