PJC General Negligence 2022

W ORKERS ’ C OMPENSATION —E MPLOYMENT

PJC 16.7

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. Source of question. PJC 16.7 is based on Tex. Lab. Code § 406.124. Subletting to plaintiff as subcontractor. Labor Code section 406.124, by its terms, applies only when an injury is sustained by “any employee of such subcontrac tor.” See Houston Fire & Casualty Insurance Co. v. Farm Air Service, Inc. , 325 S.W.2d 860, 865 (Tex. App.—Austin 1959, writ ref’d n.r.e.). Employee of subcontractor. For a question on “employee,” see PJC 16.1. Caveat: written contract to provide benefits. Tex. Lab. Code §406.123 allows a prime contractor to provide, through written contract, the subcontractor and its employees with workers’ compensation benefits, with such subcontractor and its employees becoming by statute the employees of the prime contractor. See Entergy Gulf States, Inc. , 282 S.W.3d at 436.

241