In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: a work-related injury, taking into account such factors as age, education, training, and mental capacity." Id. at 574; see also Norton v. Industrial Comm'n, 728 P.2d 1025, 1027 (Utah 1986) (per curiam) (listing "age, sex, education, economic and social environment, ... [and] permanent impairment" as factors to be weighed (internal quotation marks omitted)). 120 The fact that an employee returned to work for some period of time following his industrial injury does not automatically preclude him from claiming permanent total disability benefits at a later date if he continues to suffer substantial pain throughout the period of his continued employment or if his industrial injury worsens to the point that he is no longer able to maintain regular employment. See Norton, 728 P.2d at 1027-28 (<HOLDING>). See generally Hoskings v. Industrial Comm'n, 
 Holding statements: (A) holding that disability pension benefits could be offset against both temporary and total permanent disability compensation benefits (B) holding that an employee who returned to work for six years following his workrelated injury could nevertheless obtain permanent total disability benefits and observing that it may be years before the effect of an injury is felt (C) holding that workers compensation statutes do not prohibit claimant from receiving permanent partial disability benefits from prior accident concurrently with temporary total disability benefits from subsequent injury (D) holding that a totally disabled claimant whose preexisting osteoarthritis was temporarily aggravated by her employment was entitled to temporary total disability benefits but not permanent total disability benefits because there was no causal connection between the temporary aggravation and the permanent disability (E) holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence

Answer: holding that disability pension benefits could be offset against both temporary and total permanent disability compensation benefits


Question: two separate legal insufficiency claims. When the party without the burden of proof suffers an unfavorable finding, the challenge is one of “no evidence to support the finding.” See Creative Manufacturing, Inc. v. Unik, 726 S.W.2d 207, 210 (Tex.App.-Fort Worth 1987, writ ref d n.r.e.). Where the party having the burden of proof suffers an unfavorable finding (failure to find), the proper complaint is that the fact was established as “a matter of law.” See Sterner v. Marathon Oil Company, 767 S.W.2d 686, 690 (Tex.1989). Here, Tech filed a verified special denial that it received timely notice. Consequently, Lucero had the burden to plead and secure a finding on notice. See Texas Tech University Health Sciences Center v. Apodaca, 876 S.W.2d 402, 410-11 (Tex.App.-El Paso 1994, writ denied)(<HOLDING>); see also Harrison v. Texas Department of 
 Holding statements: (A) holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice (B) holding that the government need not prove actual notice to the prisoner (C) holding that due process is satisfied where notice is mailed to the wrong address if the appellant received actual notice (D) holding that where the governmental unit filed a verified special denial that it received timely actual notice the plaintiff had the burden to prove and secure a finding on actual notice at trial (E) holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice

Answer: holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice


Question: or nolo contendere, reserving in writing the right to have an appellate court review an adverse determination of a specified pretrial motion. A defendant who prevails on appeal may then withdraw the plea. Fed.R.Crim.P. 11(a)(2). Rule 11(h) provides that “[a] variance from the requirements of this rule is harmless error if it does not affect substantial rights.” Fed. R.Crim.P. 11(h). We have held that conditional pleas must comply with Rule 11(a)(2), in that pretrial issues must be preserved in writing and the government must consent expressly to the entry of a conditional plea. See Pierre, 120 F.3d at 1155 (noting that a “conditional plea must be in writing and must be consented to by the court and by the government”); United States v. Betancourth, 554 F.3d 1329, 1332 (11th Cir.2009) (<HOLDING>). In Pierre, we specifically noted, “[assuming 
 Holding statements: (A) holding that a counsels oral statements at a plea hearing  that the plea being entered was conditional  did not satisfy the rule 11 writing requirement (B) holding that the government was not responsible for delay from withdrawal of guilty plea (C) holding that a defendants guilty plea was unconditional where the guilty plea was not in writing and the government did not consent to it being conditional (D) holding right to speedy trial is nonjurisdictional and therefore waived by voluntary and unconditional guilty plea (E) holding that the defendants guilty plea was valid where the district court carefully questioned the defendant about whether he understood the consequences of his guilty plea

Answer:
holding that a counsels oral statements at a plea hearing  that the plea being entered was conditional  did not satisfy the rule 11 writing requirement