Workers Compensation
| Disability Under the "Odd-Lot" Doctrine |
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| 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... |
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| Impairment Meets or Equals Listing of Impairments for Social Security Disability Evaluation |
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| In the sequential evaluation of disability by the Social Security Administration (SSA), a major step is whether the individual has a condition that meets the twelve-month duration requirement and that is represented on the Social Security Administration's Listing of Impairments (LOI) or equal to a listed impairment. The LOI is divided into two parts. One part applies to individuals over age eighteen and one part is applicable to individuals under eighteen. More... |
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| Arbitration and Mediation |
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| Alternative dispute resolution (ADR) has come to play an increasing role in the resolution of workers' compensation disputes. Almost half the states now offer arbitration and/or mediation as viable ADR methods. More... |
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| Proper Party to a Third Party Action |
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| When an employer or its carrier (collectively "employer") pays workers' compensation for an employee's injury arising out of his employment but through the fault of a third party, the employer may step into the shoes of the employee as his "subrogee." When the action against the third party is completely subrogated to the employer, the only essential plaintiff to the action is the employer. This means, only the party who has been substituted for the employee is required to maintain the action against the third party and recover damages. The employee does not have to be a part of the action for it to remain viable. More... |
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| Uninsured Motorist Insurance, No-Fault Insurance |
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| and Workers' Compensation) More... |
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