PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D EATH B ENEFITS

PJC 26.3

PJC 26.3B Death—Eligible Child—Question—When Carrier Appeals QUESTION ______ Was Paul Payne, Jr. not an eligible child of Paul Payne at the time of Paul Payne ’s death? [Insert PJC 26.3A definitions of “eligible child,” “dependent,” “full-time student,” and “accredited educational institution.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 26.3 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 child. 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 26.3 is based on Tex. Lab. Code § 408.182. Source of definitions. See Tex. Lab. Code §§408.182, 401.011(14); 28 Tex. Admin. Code §§ 132.2, 132.4, 132.15.

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