PJC General Negligence 2022

W ORKERS ’ C OMPENSATION —E MPLOYMENT

PJC 16.4

Source of instruction and definition. PJC 16.4 is based on Tex. Lab. Code §406.091, which excludes from coverage persons employed as domestic workers or casual workers engaged in employment incidental to a personal residence, persons covered by a method of compensation established under federal law, and certain farm or ranch employees. See Robertson v. Home State County Mutual Insurance Co. , 348 S.W.3d 273, 280 (Tex. App.—Fort Worth 2011, pet. denied) (the term “‘domestic employees’ can be given a definite and certain legal meaning: persons engaged in employment incidental to a personal residence”). Casual employee. If it is disputed whether the worker was a casual employee, the phrase casual employee should be substituted for domestic worker in the above ques tion, and the instruction and definition should be replaced with the following: A person who is a casual employee engaged in employment inci dental to a personal residence is not considered an employee under the Texas Workers’ Compensation Act. Farm and ranch employees. If the employee is a farm and ranch employee, see Tex. Lab. Code §§ 406.161–.165. 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 evidence raises the question whether the worker was temporarily performing excluded services under the direction or orders of his supervi sor, the additional instruction at PJC 17.3 should be included. Status as employee disputed. If the worker’s status as an employee is disputed, PJC 16.4 should be conditioned on the answer to PJC 16.1 or 16.2, as applicable.

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