PJC General Negligence 2022

W ORKERS ’ C OMPENSATION —C OURSE & S COPE OF E MPLOYMENT

PJC 17.1

Note that a “mental or emotional injury that arises principally from a legitimate per sonnel action, including a transfer, promotion, demotion, or termination, is not a com pensable injury.” Tex. Lab. Code §408.006(b); see Baker v. Cook Children’s Physician Network , No. 02-07-00174-CV, 2008 WL 553712 (Tex. App.—Fort Worth Feb. 28, 2008) (not designated for publication). Date of injury. If there is a dispute about the exact date of the injury, the words “or about” should be inserted before the date of injury in the question. Employer’s premises. The phrase “whether on the employer’s premises or else where” in the last paragraph of the definition may be omitted if not applicable. Employee injured while traveling. If the injury occurred while the employee was traveling, the appropriate travel instructions should be added after the definitions of “injury.” See PJC 17.7 and 17.8. Twenty-four-hour or “on call” employee. For a discussion of a twenty-four hour or “on call” employee, see Gulf Insurance Co. v. Johnson , 616 S.W.2d 320 (Tex. App.—Houston [1st Dist.] 1981, writ dism’d by agr.). Temporary direction. If there is evidence that the employee was temporarily directed or instructed by his employer to perform services outside the usual course and scope of the employer’s business, see PJC 17.3. Status as employee disputed. If the worker’s status as an employee is disputed, PJC 17.1 should be conditioned on the answer to PJC 16.1 or 16.2, as applicable. Exclusions from course of employment. For exclusions from course of employ ment, see chapter 18 in this volume.

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