Workers Compensation
| Workers' Compensation Terms |
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| Arising Out of and in the Course of Employment More... |
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| "Past Relevant Work" in Social Security Disability Evaluation |
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| In determining an individual's entitlement to social security disability benefits, his ability to perform past relevant work will be examined. As part of the evaluation process, the individual's residual functional capacity (RFC) is determined. If the RFC assessment shows that the individual can either perform the actual duties of his past jobs or that he can perform the duties of his past occupations as generally required by employers throughout the United States, he will not be considered disabled. More... |
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| Claiming Compensation |
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| In most jurisdictions, an injured employee must make a claim for workers' compensation within a specified time. By imposing a time limitation on filing a claim, the states have attempted to protect employers from old or stale claims that would be difficult to adequately investigate and defend. An employee's failure to file his claim promptly will result in the claim be denied, even if it is shown that the employer was not actually prejudiced by the delay. As a general rule, it is presumed that the employer is prejudiced by an untimely claim due to the inherent difficulty in defending old claims. More... |
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| "Dual Persona" and the Attachment of Tort Liability for a Worker's Injury |
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| Normally, given the nature of the workers' compensation system, employers are immune from an injured worker's tort action; his exclusive remedy is workers' compensation benefits. However, when the employer has such a distinct persona, separate and apart from its persona as the "employer," the employee may then pursue a tort action. The two personas of the employer are seen as separate legal entities, one of which (the employer persona) is immune from suit, and the other, distinct persona that is vulnerable to suit. More... |
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| Supplemental Security Income Continuing Disability Reviews |
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| Supplemental security income benefits are payable to persons who are age sixty-five or over, disabled, or blind. If the individual's benefits are instituted based on a disability or blindness, the Social Security Administration (SSA) will conduct Continuing Disability Reviews (CDR). The purpose of these reviews is to verify that the individual remains disabled or blind. If he is not, the payment of benefits will cease. More... |
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