PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D EATH B ENEFITS

PJC 26.1

PJC 26.1

Death—Injury in Course and Scope of Employment Producing Death—Question

PJC 26.1A Death—Injury in Course and Scope of Employment Producing Death—Question—When Claimant Appeals

QUESTION ______

Did Paul Payne in the course and scope of his employment on January 1, 2012 , receive an injury that was a producing cause of his death? “Injury” means damage or harm to the physical structure of the body and such diseases or infections as naturally result from such damage or harm. “Injury” also includes any incitement, acceleration, or aggravation of any disease, infirmity, or condition, previously or subsequently existing, by reason of such damage or harm. “Injury” also includes any damage or harm arising out of the medical or sur gical treatment instituted to cure or relieve the effects of the injury. “Injury” also includes any mental or nervous disorder that impairs the use or control of the physical structure of the body. “Injury in the course and scope of employment” means any injury suffered while engaged in an activity of any kind or character that has to do with and originates in the work, business, trade, or profession of the employer, and that is performed by an employee while engaged in or about the furtherance of the affairs or business of his employer, whether on the employer’s premises or elsewhere. “Producing cause” means a cause from an injury or condition that is a sub stantial factor in bringing about death, and without which the death would not have occurred. There may be more than one producing cause. Answer “Yes” or “No.” Answer: _______________

379