PJC General Negligence 2024

PJC 26.4

W ORKERS ’ C OMPENSATION —D EATH B ENEFITS

PJC 26.4 Death—Eligible Grandchild—Question PJC 26.4A Death—Eligible Grandchild—Question—When Claimant Appeals QUESTION ______ Was Charlie Payne an eligible grandchild of Paul Payne at the time of Paul Payne ’s death? “Eligible grandchild” means a grandchild of the deceased employee who is a dependent of the deceased employee and whose parent is not an eligible child. A “dependent” of the deceased employee is an individual who receives a regular or recurring economic benefit that contributes substantially to the indi vidual’s welfare and livelihood. If an economic benefit was provided in the form of goods and services, the value shall be the market value of the same or similar goods and services in the same vicinity. Answer “Yes” or “No.” Answer: _______________ PJC 26.4B Death—Eligible Grandchild—Question—When Carrier Appeals QUESTION ______ Was Charlie Payne not an eligible grandchild of Paul Payne at the time of Paul Payne ’s death? [Insert PJC 26.4 definitions of “eligible grandchild” and “dependent.”] Answer “Yes” or “No.” Answer: _______________

COMMENT When to use. PJC 26.4 may be submitted when a party appeals a decision of the Division of Workers’ Compensation of the Texas Department of Insurance (DWC)

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