PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —O CCUPATIONAL D ISEASE

PJC 19.2

PJC 19.2

Date of Injury for Occupational Disease—Question

QUESTION ______ Is the date of injury for Paul Payne ’s occupational disease with ABC Com pany not January 1, 2012 ? The date of injury is the date that Paul Payne knew or should have known that the occupational disease may be related to his employment. Answer “Yes” or “No.” Answer: _______________ If you answered the above question “Yes,” then answer the following ques tion. Otherwise, do not answer the following question. QUESTION ______ What is the date of injury for Paul Payne ’s occupational disease with ABC Company ? Answer by including month, day, and year. Answer: _______________ COMMENT When to use. PJC 19.2 should be used if there is a dispute about the date of injury in an occupational disease case. In most cases, the date of injury question will follow the question on occupational disease in PJC 19.1. 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. Thus, the appealing party (whether claimant or carrier) bears the burden to disprove the decision of the Division of Workers’ Compensation of the Texas Department of Insurance (DWC) on a date of injury dispute. See Tex. Lab. Code § 410.303. Accordingly, the second question in PJC 19.2 should be conditioned on a determination that the date selected by the DWC is incorrect. The first question in PJC 19.2 should, therefore, include the date of injury found by the DWC. Source of question and instructions. PJC 19.2 is derived from Tex. Lab. Code § 408.007. See also Tex. Lab. Code § 401.011(12) regarding course of employment.

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