PJC General Negligence 2024

PJC 26.2

W ORKERS ’ C OMPENSATION —D EATH B ENEFITS

PJC 26.2

Death—Eligible Spouse—Question

PJC 26.2A Death—Eligible Spouse—Question—When Claimant Appeals

QUESTION ______ Was Mary Payne an eligible spouse of Paul Payne at the time of Paul Payne ’s death? “Eligible spouse” means the surviving spouse of a deceased employee unless the spouse abandoned the employee for longer than the year immediately pre ceding the death without good cause. “Abandonment” occurs if one spouse voluntarily leaves the bed and board of the other spouse with the intention not to return and live as husband and wife and perform his or her marital obligations toward the other spouse. An “eligible spouse” includes a party to an informal marriage. An “informal marriage” is established by evidence that a man and woman agreed to be married and after the agreement they lived together in Texas as husband and wife and there represented to others that they were married. Answer “Yes” or “No.” Answer: _______________ QUESTION ______ Was Mary Payne not an eligible spouse of Paul Payne at the time of Paul Payne ’s death? [Insert PJC 26.2A definitions of “eligible spouse,” “abandonment,” and “informal marriage.”] Answer “Yes” or “No.” Answer: _______________ PJC 26.2B Death—Eligible Spouse—Question—When Carrier Appeals

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