PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D EATH B ENEFITS

PJC 26.2

COMMENT When to use. PJC 26.2 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 party to the proceedings is an eligible spouse. An eligible spouse includes a party to an informal marriage. See Tex. Fam. Code §2.401. If the evidence raises a fact question regarding the existence of an informal marriage, the definition regarding informal marriage should be included. Any element of the definitions not in issue should be omitted. 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. PJC 26.2 is based on Tex. Lab. Code § 408.182. Source of definitions. See Tex. Lab. Code §408.182; Tex. Fam. Code §2.401; Texas Mutual Insurance Co. v. Ledbetter , 251 S.W.3d 31, 35 & n.12 (Tex. 2008); Foreman v. Security Insurance Co. of Hartford , 15 S.W.3d 214, 215–16 (Tex. App.— Texarkana 2000, no pet.). See also In re Estate of Howard , 543 S.W.3d 397, 402 (Tex. App.—Houston [14th Dist.] 2018, pet. denied) (regarding informal marriage); Liberty Mutual Insurance Co. v. Woody , 640 S.W.2d 718, 720 (Tex. App.—Houston [1st Dist.] 1982, no writ) (citing Jackson v. Jackson , 470 S.W.2d 276, 279 (Tex. App.—Fort Worth 1971, writ ref’d n.r.e.)) (regarding abandonment).

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