PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D EATH B ENEFITS

PJC 26.5

[Insert PJC 26.5A definition of “eligible parent.”]

Answer “Yes” or “No.” Answer: _______________

COMMENT When to use. PJC 26.5 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 parent. An eligible parent who is not dependent on the decedent on the date of the decedent’s death is entitled to receive death benefits, but in a reduced amount. Question 2 of PJC 26.5 should be conditionally submitted when this issue is presented. 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 26.5 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, 132.6. Caveat: nondependent parents. Tex. Lab. Code §408.182(d–1) allows nonde pendent parents to recover death benefits not to exceed 104 weeks if there is no eligi ble spouse, no eligible child, no eligible grandchildren, and there are no surviving dependents of the deceased employee who are parents, siblings, or grandparents of the deceased. See Port Elevator-Brownsville v. Casados, L.L.C. , 358 S.W.3d 238, 240 & n.1 (Tex. 2012).

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