PJC General Negligence 2024

PJC 25.7

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

Answer “Yes” or “No.” Answer: _______________

COMMENT When to use. PJC 25.7 should be used if there is no dispute about whether the employee sustained a compensable physically traumatic injury to the brain. If a dis pute exists whether the employee sustained a physically traumatic injury to the brain, PJC 21.1 should be included. If a dispute exists whether the employee’s physically traumatic injury to the brain was sustained in the course and scope of employment, PJC 17.1 should be included. 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. Accrual date. Lifetime income benefits accrue and become payable from the date that the injured employee suffers from one of the conditions listed in Tex. Lab. Code §408.161(a) or Tex. Lab. Code §408.1615(b). PJC 25.3 or 25.4 should be used if there is a dispute about the beginning date or permanence of a qualifying condition listed in Tex. Lab. Code §408.161(a) or permanent unemployability under Tex. Lab. Code § 408.1615(b). Evidence-based medicine. “‘Evidence-based medicine’ means the use of current best quality scientific and medical evidence formulated from credible scientific stud ies, including peer-reviewed medical literature and other current scientifically based texts, and treatment and practice guidelines in making decisions about the care of indi vidual patients.” Tex. Lab. Code § 401.011(18–a). Major neurocognitive disorder. Tex. Lab. Code §408.161, as amended effec tive September 1, 2023, does not define “major neurocognitive disorder.” Permanently unemployable. Tex. Lab. Code §408.161, as amended effective September 1, 2023, does not define “permanently unemployable.” Incurable insanity and imbecility. Tex. Lab. Code §408.161 does not define “incurable insanity” or “imbecility.” The Committee makes no recommendation on any particular definition for these terms.

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