PJC General Negligence 2024

PJC 25.1

W ORKERS ’ C OMPENSATION —L IFETIME I NCOME B ENEFITS

a dispute about the nature or extent of the worker’s total loss of use from any of those enumerated members. Limitation on trial court’s jurisdiction. The court’s jurisdiction is limited to the issues decided by the appeals panel and on which judicial review has been sought. Tex. Lab. Code § 410.302(b). Accordingly, the trial court possesses jurisdiction over and should submit questions regarding only the extent-of-injury issues that were decided by the DWC and that have been appealed by an aggrieved party. See Texas Mutual Insurance Co. v. Ruttiger , 381 S.W.3d 430, 436–37 (Tex. 2012). 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. Producing cause. Regarding the definition of “producing cause,” see PJC 23.10. Total loss of use. Regarding the definition of “total loss of use,” see Dallas National Insurance Co. v. De La Cruz , 470 S.W.3d 56, 58 (Tex. 2015); Insurance Co. of State of Pennsylvania v. Muro , 347 S.W.3d 268 (Tex. 2011) (citing Travelers Insur ance Co. v. Seabolt , 361 S.W.2d 204, 206 (Tex. 1962)). Under Seabolt , it is preferable to use the phrase “total loss of use” rather than merely “loss of use” in the question. Seabolt , 361 S.W.2d at 205. In Muro , the supreme court recognized that the legislature has limited the award of lifetime income benefits to the specific injuries and body parts enumerated in Tex. Lab. Code § 408.161 and that nothing in the statute authorizes the substitution of other injuries or body parts for those enumerated. Muro , 347 S.W.3d at 276. While the injury to the statutory body part may be direct or indirect, the injury must extend to and impair the statutory body part itself to implicate section 408.161. Muro , 347 S.W.3d at 276. Submission in single question. The submission of total incapacity and producing cause in a single question has been approved. Consolidated Underwriters v. Whittaker , 413 S.W.2d 709, 714–15 (Tex. App.—Tyler 1967, writ ref’d n.r.e.). Submission of total loss of use and producing cause in one question should also be proper.

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