PJC General Negligence 2024

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

PJC 25.9

“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. “Serious bodily injury” does not include [ list any injury described in Tex. Lab. Code § 408.161(a)(1)–(7) that is raised by the evidence ]. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. The Texas Workers’ Compensation Act was amended in 2023 to create an entirely new and separate lifetime income benefits (LIBs) qualifier for cer tain first responders. Tex. Lab. Code §408.1615. “This section applies only to an employee who sustains a serious bodily injury, other than an injury described by Sec tion 408.161, in the course and scope of the employee’s employment or volunteer ser vice as a first responder that renders the employee permanently unemployable.” Tex. Lab. Code §408.1615(b). This section does not apply to compensable injuries occur ring before September 1, 2023. Burden of proof. The burden of proof should be placed appropriately in accor dance with the decision of the appeals panel. First responder. LIBs eligibility under this section is restricted to first responders as defined in Tex. Lab. Code §408.1615(a)(1)(A)–(D). If there is a dispute regarding the claimant’s eligibility as a first responder, a question should be tailored using the appropriate first responder definition, and the general definition of “first responder” listed above should be omitted. Serious bodily injury. Tex. Lab. Code §408.1615 adopts and incorporates the Texas Penal Code’s definition of “serious bodily injury” (Tex. Pen. Code § 1.07(a)(46)). The section limits the scope thereof to exclude the injuries described in the other LIBs qualifiers (Tex. Lab. Code § 408.161(a)(1)–(7)). Where the jury is pre sented with evidence of such other LIBs qualifiers, an exclusionary definition of “seri ous bodily injury” should be added. Permanently unemployable. Tex. Lab. Code §408.1615 does not define “per manently unemployable.”. Accrual date. LIBs accrue and become payable on the date that the injured worker suffers from one of the conditions listed in Tex. Lab. Code §408.161(a), and not before. Once an injured worker is adjudicated eligible to receive LIBs, LIBs should be paid retroactively to the date the injured worker first became eligible. Mid-

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