PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —T IMELINESS OF R ESPONDING

PJC 20.3

Minority or incompetent. Tex. Lab. Code §409.007 provides that a failure to file a claim for death benefits is excused by a claimant’s minority and incompetence. There is no similar statutory provision to excuse the failure to report an injury in a timely fashion. But see Petroleum Casualty Co. v. Canales , 499 S.W.2d 734 (Tex. App.—Houston [1st Dist.] 1973, writ ref’d n.r.e.) (disqualification of minority consti tutes good cause for failure to report claim within time provided for in statute).

297