Workers Compensation
| Subrogation |
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| Subrogation is a tool used by employers or their workers' compensation insurance carriers to seek reimbursement from a third party for the amounts paid to an injured worker. The employer's position is that the third party who caused the employee's injury should rightfully bear the burden of compensating the injured worker. In various forms, each state provides for subrogation. Some states have instituted no limits on an employer's right to seek reimbursement, others allow both the employer and the employee to maintain actions against the third party, and still others give either the employer or the employee priority in filing an action against the third party. More... |
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| "Severe Impairment" for Social Security Disability Determination |
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| In order to recover social security disability benefits, an individual's impairment must be so severe as to significantly limit his ability to work. If the impairment is found to be "not severe," the individual will not be considered "disabled." As established by medical evidence, an impairment constituting only a mild abnormality that has only a minimal effect on the individual's ability to work is not "severe." If an individual suffers from more than one impairment, the impact of the combination of the impairments will be evaluated rather than each impairment independent of the other. More... |
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| "Residual Functional Capacity" in Social Security Disability Evaluation |
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| As a correlative step in its disability evaluation, the Social Security Administration examines an individual's residual functional capacity (RFC). The nature of the individual's impairment(s) will determine to what degree his ability to work is impacted. The bedrock of the RFC assessment is what is the most that an individual can do; not the least. An individual's RFC is that remaining functionality that the individual has despite the limitations caused by his impairment. An RFC assessment is made based on all the evidence, which may include the individual's own account of his limitations, observations by physicians, psychologists, friends, neighbors, and the like, work attempt records, and the individual's medical records. More... |
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| Dual-Purpose Travel by Employee |
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| "Dual-purpose" travel by an employee occurs when the employee embarks on a trip on behalf of the employer that coincides with travel for the employee's benefit. In other words, the journey serves both the business purpose of the employer and the personal purpose of the employee. Characterization of the trip as business, personal, or both does not have to be made at the outset of the trip. A trip can start out as purely personal but then transform into a business endeavor. More... |
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| Notice of Injury |
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| Generally, workers' compensation statutes contain a limitations period in which the injured employee must give notice of his injury. Under most circumstances, the notice is provided to the employer. The notice period itself is relatively small. Some statutes mandate that it be given as soon as possible while others provide for a fixed timeframe such as, for example, within a designated number of weeks or months following the injury. The required notice allows the employer to immediately provide the employee with medical care and allows for a more accurate and comprehensive investigation into the accident causing the employee's injury. If the employee does not give the mandated notice, his claim for benefits will be denied. More... |
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