PJC General Negligence 2022

PJC 16.1

W ORKERS ’ C OMPENSATION —E MPLOYMENT

sation under the Texas Labor Code or is an independent contractor. Turnbough v. United Pacific Insurance Co. , 666 S.W.2d 489, 492 (Tex. 1984) (worker originally hired as independent contractor was employee; withholding for workers’ compensa tion was some evidence); Continental Insurance Co. v. Wolford , 526 S.W.2d 539, 541 (Tex. 1975) (bricklayer furnishing helper and equipment and paid on a per-brick basis was independent contractor; right of control, not right to terminate, is dispositive); Waldrep v. Texas Employers’ Insurance Ass’n , 21 S.W.3d 692, 702 (Tex. App.—Aus tin 2000, pet. denied) (evidence was adequate to support jury’s determination that uni versity did not have right to direct and control all aspects of activities of scholarship football player); Hartford Accident & Indemnity Co. v. Hooten , 531 S.W.2d 365, 367 (Tex. App.—San Antonio 1975, writ ref’d n.r.e.) (nurse’s aide privately employed but helping with other patients in nursing home in return for meals not an employee); All state Insurance Co. v. Scott , 511 S.W.2d 412, 414 (Tex. App.—El Paso 1974, writ ref’d n.r.e.) (exercise of control of details of work and acquiescence therein almost at time of accident was sufficient evidence of control); Goodnight v. Zurich Insurance Co. , 416 S.W.2d 626, 630 (Tex. App.—Dallas 1967, writ ref’d n.r.e.) (applying factors from Anchor Casualty Co. v. Hartsfield , 390 S.W.2d 469 (Tex. 1965)). Independent contractor. If the evidence suggests the worker may be an indepen dent contractor rather than an employee, see PJC 16.2. Evidence of more than one injury. If there is evidence of more than one injury, the date of the injury inquired about should be included in the question. Temporary direction. If the worker has been temporarily ordered or directed to perform tasks that are different from his ordinary duties or that are unusual or extraor dinary, see PJC 17.3.

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