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Earning Capacity

The extent to which an individual is "disabled" by workers' compensation standards requires an examination of the individual's earning capacity after the injury in relation to his earnings prior to being injured. Even if the individual realizes a...

Injury From Usual Exertion or Exposure Concept

Defining Unusual "Injury From Usual Exertion or Exposure" Concept

Many states hinge compensability of an injury on whether it occurred "by accident." One method of characterizing an injury as...

Pre-Employment Injuries

Generally, compensation will be denied for injuries incurred prior to an employee being actually hired. However, courts have tended to reject form over substance and allowed compensation when the employee was hired though he had not finished the...

Overpayments of Social Security Disability Benefits

An overpayment of social security disability benefits arises when the Social Security Administration has paid the recipient in excess of the amount that was actually due. The Commissioner of Social Security is authorized to collect the...

Determining "Dependency" for Workers' Compensation Death Benefits

The issue of "dependency," with respect to the receipt of workers' compensation death benefits, is generally determined either as of the date of the worker's death or the date of the accident that caused his death. Those individuals who are,...