PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D EATH B ENEFITS

PJC 26.1

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. Source of question. The question is based on Tex. Lab. Code §§406.031, 401.011(12). Source of definitions. For the definition of “producing cause,” see PJC 23.10. For the definitions of “injury” and “injury in the course and scope of employment,” see PJC 17.1. Course and scope of employment. To be compensable, the injury resulting in death must be in the course and scope of employment. See SeaBright Insurance Co. v. Lopez , 465 S.W.3d 637, 642 (Tex. 2015). If there is a question whether the deceased was an employee, an appropriate question should be submitted. See chapter 16 in this volume. Evidence of more than one injury. If there is evidence of more than one injury, the date of the injury inquired about should be included in the question. Date of injury. If there is a question about the exact date of injury, the words “or about” should be inserted after the word “on” in the question.

381