PJC General Negligence 2024

PJC 25.2

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

QUESTION ______ Is the compensable injury not a producing cause of any total loss of use of Paul Payne ’s [ insert second applicable body part ]? [Insert PJC 25.1A definitions of “producing cause” and “total loss of use.”] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 25.2 should be used in a lifetime income benefits case when the existence of an injury described in Tex. Lab. Code §408.161(a)(2)–(5) is not in dispute but there is a question whether such an injury was a producing cause of a total loss of use of the member. The question should track the statutory language depending on whether the injury results in total loss of use of both hands at or above the wrist, both feet at or above the ankle, or one hand at or above the wrist and one foot at or above the ankle. See Tex. Lab. Code § 408.161(a)(2)–(4). 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). Combined submission. When the dispute is not whether total loss of use exists to both members but rather whether the injury was a producing cause of such loss of use, the following question may be submitted: Is the compensable injury a producing cause of any total loss of use of Paul Payne ’s [ insert first applicable body part ] and Paul Payne ’s [ insert second applicable body part ]? The question should track the statutory language as noted in the comment above entitled “When to use.” See Tex. Lab. Code § 408.161(a)(2)–(4). 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 PJC 25.1.

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