| Disability Under the "Odd-Lot" Doctrine |
| The "odd-lot" doctrine is an avenue by which a worker may be found to be totally disabled based on unemployability rather than just the degree to which he is injured. It provides that, although a worker is not completely unable to work, his condition is such that he will not be regularly employed in any reasonably stable area of the labor market. The hallmark of placement in the "odd-lot" category is a job prospect that is irregular and unpredictable. More... |
| Hazardous Employment |
| Whether employment is "hazardous" is a distinction in workers' compensation that has lost much of its relevance in most states. Those states that retain the distinction are known to identify certain occupations or businesses that are statutorily considered to be "hazardous" or to define all employment as "hazardous" with specified exceptions. In these jurisdictions, workers' compensation is mandated for those occupations considered "hazardous."More... |
| Black Lung Benefits Act - Defining "Totally Disabled Due to Pneumoconiosis" |
| The Black Lung Benefits Act does not provide benefits for a partial disability. Rather, in order to recover under the Act, a miner must be totally disabled as a result of pneumoconiosis. The miner bears the burden of proof to demonstrate that he is "totally disabled due to pneumoconiosis," although this responsibility is somewhat tempered by certain presumptions.More... |
| Workers' Compensation Exemption re Number of Employees |
| In some states, an employer is exempt from maintaining workers' compensation insurance if it regularly employs only a certain number of employees. For example, with certain exceptions, employers in Alabama, Arkansas, Georgia, Virginia, New Mexico, and North Carolina are exempt if they have less than three employees. Employers in Rhode Island and South Carolina are exempt if employing less than four employees while employers in Mississippi, Missouri, and Tennessee are exempt if employing less than five employees. If the employee is injured and the state has altered its exemption statute, the operative version of the statute on the date of the employee's injury will control. More... |
| Refusal of Employment as Employer Defense |
| Workers' compensation disability benefits are payable based on the nature of the employee's work-related injury or illness and the employee's corresponding lack of earning capacity. When an employee can return to work, his disability benefit payments will cease. In some instances, an employee's benefits are based on his inability to obtain work due to his condition. However, employers may counter that the fault lies with the employee, not his condition, because the employee has unreasonably refused to engage in suitable work. For example, an employer may prevail when an employee refuses a lighter work position offered by his employer. The employer carries the burden of demonstrating that the employee possesses the ability to perform the offered position.More... |
Rahaim & Saints
More Than 50 Years Combined Experience
