PJC General Negligence 2022

PJC 16.7

W ORKERS ’ C OMPENSATION —E MPLOYMENT

PJC 16.7

Subcontracting to Avoid Compensation Liability— Question

PJC 16.7A Subcontracting to Avoid Compensation Liability— Question—When Claimant Appeals

QUESTION ______ Did ABC Company subcontract the whole or any part of its work to XYZ Company with the intent to avoid any liability as an employer under the Texas Workers’ Compensation Act? Answer “Yes” or “No.” Answer: _______________

PJC 16.7B Subcontracting to Avoid Compensation Liability— Question—When Carrier Appeals

QUESTION ______ Did ABC Company not subcontract the whole or any part of its work to XYZ Company with the intent to avoid any liability as an employer under the Texas Workers’ Compensation Act? Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 16.7 assumes that the worker was an employee of an indepen dent contractor ( XYZ Company ) to whom the subscriber ( ABC Company ) had subcon tracted some or all of its work. An affirmative finding on this question would establish coverage by the subscriber’s compensation carrier, notwithstanding the independent contract. See Traders & General Insurance Co. v. Frozen Food Express , 255 S.W.2d 378 (Tex. App.—Austin 1953, writ ref’d n.r.e.); Texas Employers’ Insurance Ass’n v. Harper , 249 S.W.2d 677 (Tex. App.—Dallas 1952, writ ref’d n.r.e.); United States Fidelity & Guaranty Co. v. Hall , 224 S.W.2d 268 (Tex. App.—Austin 1949, writ dism’d); see also Entergy Gulf States, Inc. v. Summers , 282 S.W.3d 433, 439 (Tex. 2009).

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