PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D EATH B ENEFITS

PJC 26.4

involving a dispute over whether a party to the proceedings is an eligible grandchild. 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 26.4 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, 132.5. Eligible siblings or grandparents. If there is no eligible spouse and there are no eligible children or grandchildren, the death benefits shall be paid in equal shares to surviving dependents of the deceased employee who are parents, stepparents, siblings, or grandparents of the deceased. Tex. Lab. Code § 408.182. PJC 26.4 may be modified for such cases accordingly.

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