PJC General Negligence 2022

PJC 15.2

W ORKERS ’ C OMPENSATION —B URDEN OF P ROOF

PJC 15.2 Consideration of Appeals Panel Decision (Comment) In a jury trial, the court, before submitting the case to the jury, shall inform the jury in the court’s instructions, charge, or questions to the jury of the appeals panel deci sion on each of the disputed issues. Tex. Lab. Code § 410.304(a). The fact finder may consider, but is not bound by, the appeals panel decision. Morales v. Liberty Mutual Insurance Co. , 241 S.W.3d 514, 516 (Tex. 2007); see also Texas Workers’ Compensa tion Commission v. Garcia , 893 S.W.2d 504, 515 (Tex. 1995). If the appeals panel does not issue a decision in accordance with Tex. Lab. Code § 410.204, the decision of the hearing officer becomes final and is the final decision of the appeals panel. Tex. Lab. Code § 410.204(c). The following are examples of possible instructions informing the jury of the appeals panel decision. Sample A The Texas Department of Insurance, Division of Workers’ Compensation, determined that Paul Payne suffered disability from January 24, 2013 through July 9, 2013 . Sample B The Texas Department of Insurance, Division of Workers’ Compensation, determined that Paul Payne did not suffer the total and permanent loss of use of his right and left hands at or above the wrists and also determined that Paul Payne did not suffer the total and permanent loss of use of his right and left feet at or above the ankles .

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