PJC General Negligence 2022

PJC 16.6

W ORKERS ’ C OMPENSATION —E MPLOYMENT

PJC 16.6 Out-of-State Employment and Injury—Question PJC 16.6A Out-of-State Employment and Injury—Question—When Claimant Appeals QUESTION ______ Did Paul Payne have significant contacts with Texas at the time of his injury? An employee has significant contacts with Texas if the employee was hired or recruited in this state and the employee— 1. was injured not later than one year after the date of hire, or 2. has worked in Texas for at least ten working days during the twelve months preceding the date of injury. Answer “Yes” or “No.” Answer: _______________ PJC 16.6B Out-of-State Employment and Injury—Question—When Carrier Appeals QUESTION ______ Did Paul Payne lack significant contacts with Texas at the time of his injury? [Insert PJC 16.6A instruction on “significant contacts.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 16.6 applies to all out-of-state injuries in which a claim is made in Texas for workers’ compensation benefits and the worker has not elected to receive benefits from another state. A worker injured in another state can recover in Texas under workers’ compensation laws if he was hired or recruited in Texas and (1) was injured not later than one year after the date of hire or (2) has worked in Texas for at least ten working days during the twelve months preceding the date of injury. Tex.

238