PJC General Negligence 2024

PJC 25.9

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

Century Insurance Co. v. Texas Workers’ Compensation Commission , 187 S.W.3d 754 (Tex. App.—Austin 2006, no pet.). If the accrual date is not in dispute, consider adding “on or about [ date of injury or agreed accrual date ]” to the question. If the accrual date is in dispute, a separate “accrual date” question should be included. 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). Periodic review of continuing entitlement. House Bill 2468 amends the Texas Labor Code to entitle a first responder, as defined by the bill, to LIBs for a serious bodily injury sustained in the course and scope of employment or volunteer service as a first responder that renders the person permanently unemployable. This periodic review and suspension procedure is unique to, and is expressly limited to, the newly created LIBs qualifier. This is a different issue than the “accrual” date issue. Regard ing the latter, see PJC 25.3 and 25.4.

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