| Mental and Nervous Injury |
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| Generally, a worker's injury that occurs in the course of his employment is compensable even though it is a mental or nervous injury as opposed to a physical one. With causation and "arising out of the employment" issues dispensed with, the majority of states find that a mental condition, which causes a physical injury, is compensable. For example, a worker is frightened by a sudden event or accident and immediately thereafter suffers a heart attack. Compensability is no less viable when the mental stimulus is sustained over a period of time. For example, an employee who over the course of months is so pressured by the demands of his employer and his position that, even though relatively young, he suffers a heart attack. More... |
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| Social Security Disability Payments and Representative Payees |
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| When a Social Security disability beneficiary is a minor child or legally incompetent adult, the Social Security Administration (SSA) will select a representative payee to manage the beneficiary's disability payments. A representative payee, who can be either an individual or an organization, is charged with the responsibility of disbursing the funds for the beneficiary's present needs and saving any remaining funds for the future. Payment of the beneficiary's "needs" should include food, clothing, shelter, utilities, dental and medical care, and personal comfort items. More... |
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| "Substantial Gainful Activity" for Social Security Disability Determination |
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| To be declared "disabled" for social security disability purposes, the individual must not be able to engage in any substantial gainful activity. "Substantial gainful activity" is a term of art used by the Social Security Administration (SSA) to mean doing significant physical or mental activity for pay or profit. An individual's work can still be substantial even though it is engaged in less than full-time. The SSA does not normally consider activities such as household chores, hobbies, school attendance, or participation in social programs or clubs to be substantial gainful activity. More... |
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| Degrees of Disability and Corresponding Benefits |
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| Temporary Disability More... |
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| Resident Employees Who Are Not On-Call |
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| The general rule is that employees who reside on the employer's premises are protected by workers' compensation coverage if they are required to reside on the premises and are on-call twenty-four hours per day or the injury resulted from a risk associated with the employee's living conditions given the requisite living arrangement. When the employee is not on-call and has specified work hours, though he is required to live on the employer's premises, gaining workers' compensation benefits for an injury off the employer's premises is somewhat difficult. When the resident employee is injured outside his work hours and off the employer's premises, he must show a strong causal link between the injury and his employment. This causation requirement is magnified and must be found more compelling than the showing required for on-call employees. More... |
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