PJC General Negligence 2022

PJC 16.4

W ORKERS ’ C OMPENSATION —E MPLOYMENT

PJC 16.4 Excluded Employment—Question PJC 16.4A Excluded Employment—Question—When Claimant Appeals QUESTION ______ Was Paul Payne not performing services as a domestic worker at the time of such injury? A “domestic worker” is a person who is primarily employed in and about the maintenance of a home itself. Such a person is a household worker working in or around a house for the upkeep thereof and for the care, comfort, and conve nience of the occupants. Answer “Yes” or “No.” Answer: _______________ PJC 16.4B Excluded Employment—Question—When Carrier Appeals QUESTION ______ Was Paul Payne performing services as a domestic worker at the time of such injury? [Insert PJC 16.4A definition of “domestic worker.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. A contract of employment may provide for services in two capaci ties, one that is covered by workers’ compensation and one that is not. If it is disputed whether the worker is covered, the question is in which capacity he was working at the time of the injury. Hardware Dealers’ Mutual Fire Insurance Co. v. King , 426 S.W.2d 215, 217–18 (Tex. 1968); Aetna Casualty & Surety Co. v. Estate of Thomas , 547 S.W.2d 694, 696–97 (Tex. App.—Tyler 1977, writ ref’d n.r.e.). 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.

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