Judge denies former employee's disability claim

AbstractUnder most workers' compensation statutes, an injury must “arise out of” and “in the course of” employment in order to qualify as a compensable disability. In U.S. Industries v. Director, the Supreme Court held that the Longshoremen's and Harbor Workers' Compensation Act must be strictly construed to avoid transforming the compensation system into a form of social insurance. In U.S. Industries, the Court denied a disability claim based on an arthritic condition which was manifested while the worker was at home in bed. This Note contends that the Supreme Court neglected to consider pertinent medical realities when analyzing the causation question. Thus, the decision undermines the overall rationale behind workers' compensation legislation. Nonetheless, the Note argues that the case does not relax the requirement of adequately scrutinizing the causative elements underlying any reasonable claim for disability benefits. An analysis adequately accommodating both medical and legal facts, instead of relying upon the vagaries of statutory interpretation, is necessary to improve the efficiency and fairness of workers' compensation disability determinations.

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Heckler v. Campbell and the Grid: Are Disability Claimants Entitled to Examples of Suitable Jobs?

American Journal of Law & Medicine ◽

10.1017/s0098858800009230 ◽

1984 ◽

Vol 9 (4) ◽

pp. 501-515

Author(s):

Mark S. Smith

Keyword(s):

Social Security ◽

Supreme Court ◽

Supreme Court Decision ◽

Individual Characteristics ◽

Social Security Administration ◽

The Social ◽

The Supreme Court ◽

Disability Claim ◽

Social Security Disability ◽

Case Basis

AbstractThe Social Security Administration promulgated the medical-vocational guidelines (the grid) in 1978 in order to improve consistency and efficiency in disability claim adjudications. The grid takes administrative notice of the availability of jobs suited to claimants’ capabilities, eliminating the need to make such a determination on a case-by-case basis.In Heckler v. Campbell, the Supreme Court held that the grid is valid and that the Secretary of Health and Human Services cannot be required to give specific examples of jobs available in the national economy. In so doing, the Court reversed the Second Circuit, which had required the Secretary to give claimants examples of jobs suited to their individual characteristics to assure them adequate notice of the issues involved in their hearings.This Case Comment contends that the Supreme Court misperceived the Second Circuit's purpose in requiring the Secretary to provide specific examples of available jobs. Nonetheless, the Comment argues that the Supreme Court decision does not foreclose requiring such examples to assure adequate notice and to aid in resolving adjudicative factual issues. This Comment concludes that such a requirement would improve the efficiency, accuracy and consistency of Social Security disability determinations.

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Long-term sickness and invalidity benefits: Forecasting and other actuarial problems

Journal of the Institute of Actuaries ◽

10.1017/s0020268100019181 ◽

1987 ◽

Vol 114 (3) ◽

pp. 467-550 ◽

Cited By ~ 5

Author(s):

S. Haberman

Keyword(s):

Social Security ◽

Social Security System ◽

Security System ◽

Social Security Systems ◽

Security Systems ◽

Insurance Benefit ◽

Disability Claim ◽

The Government ◽

The Uk

It is proposed to discuss the actuarial problems associated with the management of long-term sickness and invalidity benefits. The emphasis is on benefits provided by social security schemes (with particular reference to National Insurance benefit in the UK), but the main points are relevant to private sector benefits including permanent health insurance (PHI).The plan of the paper is as follows. We describe in Section 2 the nature of long-term invalidity benefit provided by the British social security system and then consider in Section 3 the problems associated with defining disability. A discussion of the differences between the incidence of morbidity and the making of an insurance claim leads to consideration of selection and moral hazard (Section 4). We then examine in Section 5 the methodology for analysing costs and estimating future costs with particular reference to the development within the Government Actuary's Department (GAD) of a model based on an incidence and survivorship approach to invalidity benefit and the debate aroused by CMI Report No. 7 on the same topic5. The paper then presents an analysis of recent trends in disability claim rates (Section 6) and incidence and termination rates (Sections 7 and 8) based on invalidity benefit within the British social security system, as well as PHI and the experience of other countries. Attempts are then made in Section 9 to explain these trends and the upward trend in financial costs for disability benefits experienced by many social security systems. The paper concludes with an examination of two areas of current interest, viz. sex differences in morbidity rates and claim rates (Section 10) and the relationship between claim rates and the prevailing level of unemployment (Section 11).

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Judge decides former employee's disability claim has to go

Disability Compliance for Higher Education ◽

10.1002/dhe.30429 ◽

2018 ◽

Vol 23 (9) ◽

pp. 15-15

Keyword(s):

Disability Claim

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Juridical Analysis Of Diffabel Wives In Article 57 Letter (B) Compilation Of Islamic Law

FALASIFA : Jurnal Studi Keislaman ◽

10.36835/falasifa.v9i2.126 ◽

2018 ◽

Vol 9 (2) ◽

pp. 111-126

Author(s):

Amir Fiqih Alqadafi

Keyword(s):

Human Rights ◽

Islamic Law ◽

Legal Protection ◽

Human Rights Law ◽

Women With Disabilities ◽

Persons With Disabilities ◽

Library Research ◽

Disability Claim ◽

Disability Law ◽

The Right

One of the strongest reasons for proposing polygamy as contained in article 57 letter b is that teh wife have a body defect (imperfect body) so that the husban can file a divorce and disability claim which is called diffable. There are regulations that regulate the similarity of rights before the law such as human rights, law number 4 of 1997 concerning persons with disabilities, the constitution of the Republik of Indonesia years 1945, law number 19 years 2011 concerning the ratification of disability conventions and law number 18 years 2016 concerning disability. Formulation of the problem is 1) what is the jurdical analysis of legal protection for women with disabilities in article 57 letter b KHI. 2) what is the solution or form of legal protection for women with disabilities in article 57 letter b KHI. Methodes is qualitative descreibed by the statute approach and conceptual aprroach. Type of library research and data collection in documentation and data analysis using content analiysis. Validity of data in credibility and data triangulation. Conclusion, the provisions of article 57 letter b conflict with human rights and disability law there are law number 4 years 1997 concerning persons with disabilities, the Republik Of Indonesia years 1945 artcle 27, law number 19 years 2011 concerning convention on the right of persons with disabilities and law number 8 years 2016 concerning disability and the jugde must tigthen not to grant the husban who wants to be polygamy for the reason of the disability. Keyword : Wives, Diffable, Compilation Of Islamic Law

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