PJC General Negligence 2024

PJC 26.1

W ORKERS ’ C OMPENSATION —D EATH B ENEFITS

PJC 26.1B Death—Injury in Course and Scope of Employment Producing Death—Question—When Carrier Appeals QUESTION ______ Did Paul Payne in the course and scope of his employment on January 1, 2012 , not receive an injury that was a producing cause of his death? [Insert PJC 26.1A definitions of “injury” and “producing cause.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 26.1 may be submitted when a party appeals a decision of the Division of Workers’ Compensation of the Texas Department of Insurance (DWC) involving a dispute over whether a compensable injury has resulted in the injured employee’s death. This question submits several elements in one inquiry as provided for in Tex. R. Civ. P. 277. Any elements of the question or definitions not in issue should be omitted. If the injury is not partly physical but instead solely mental, then in addition to the definition covering mental or nervous disorder the following definition should be sub mitted: “Physical structure of the body” means the entire body and mind functioning together. See GTE Southwest v. Bruce , 998 S.W.2d 605, 610 (Tex. 1999); Bailey v. American General Insurance Co. , 279 S.W.2d 315, 318–19 (Tex. 1955); Stewart v. Lexicon Genetics, Inc. , 279 S.W.3d 364, 368–69 (Tex. App.—Beaumont 2009, pet. denied). Moreover, if the mental or nervous disorder is not accompanied by or does not follow a physical injury, then (in order to avoid the noncompensability of an occupational dis ease caused by repetitive mental traumatic activities) the following additional question should be submitted: Did the injury result from an undesigned, unexpected event that was traceable to a definite time, place, and cause? See GTE Southwest , 998 S.W.2d at 610; Transportation Insurance Co. v. Maksyn , 580 S.W.2d 334, 338 (Tex. 1979)); State Office of Risk Management v. Foutz , 279 S.W.3d 826, 831–32 (Tex. App.—Eastland 2009, pet. filed).

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