PJC General Negligence 2022

PJC 17.3

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

PJC 17.3

Not in Regular Course and Scope of Employment, or Temporary Direction—Instruction

An employee who is temporarily directed by his employer to perform ser vices outside the usual course and scope of the employer’s business is in the course and scope of employment while performing services according to such directions. COMMENT When to use. If temporary direction is raised by the evidence, PJC 17.3 should be added to the question and definition in PJC 17.1. Source of instruction. See Tex. Lab. Code §401.012(b)(1). For a discussion of the temporary direction doctrine, see Biggs v. United States Fire Insurance Co. , 611 S.W.2d 624 (Tex. 1981) (employee injured while performing personal errands at direc tion of another employee was covered under temporary direction doctrine, based on apparent authority of supervising employee).

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