PJC General Negligence 2022

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

PJC 17.4

PJC 17.4 Personal Comfort—Instruction An act reasonably necessary to the health, comfort, and convenience of an employee, occurring where his employment requires him to be, is not a depar ture from the course of employment. COMMENT When to use. If there is a question whether the employee’s injury occurred while he was engaged in an act necessary to his health, comfort, or convenience, and whether it occurred where his employment required him to be, PJC 17.4 should be added to question and instruction in PJC 17.1. If there is a question whether the employee was injured while engaged in recreation or travel, the additional instructions at PJC 17.5 or 17.7 and 17.8 should be submitted. Source of instruction. See Yeldell v. Holiday Hills Retirement & Nursing Center, Inc. , 701 S.W.2d 243 (Tex. 1985); Janak v. Texas Employers’ Insurance Ass’n , 381 S.W.2d 176 (Tex. 1964); see also Lujan v. Houston General Insurance Co. , 756 S.W.2d 295 (Tex. 1988); Texas Mutual Insurance Co. v. Jerrols , 385 S.W.3d 619 (Tex. App.—Houston [14th Dist.] 2012, no pet.).

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