"Substantial Gainful Activity" for Social Security Disability Determination

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.

Benefits under the Longshore and Harbor Workers' Compensation Act

Under the Longshore and Harbor Workers' Compensation Act, an employee who has sustained a work-related injury may recover medical benefits for all medical, surgical and hospital treatment and other services required by the injury. In addition, the employee may recover the cost of travel and mileage in connection with such treatment. Generally, the employee may obtain medical treatment from the physician of his or her choice. However, the employee may not choose a physician who is not authorized by the Department of Labor to render medical care under the Act.

Res Judicata and Reopening of Social Security Decisions

The hallmark of res judicata is finality. Essentially, once a court has entered a final judgment conclusively establishing the rights of the parties on the merits of the dispute, such decision is final and will bar subsequent actions based on the same claim or cause of action. This rule of civil procedure has been adapted and applied to administrative actions, including social security decisions.

Injury by Exposure and "Arising Out of the Employment"

Workers' compensation for injuries resulting from exposure to the elements is not forestalled merely because a natural event was at the root of the injuries. Exposure injuries, such as heatstroke, freezing, frostbite, and pneumonia, may be compensable if the nature of the employee's work increased the level of exposure over that of other members of the public. Some jurisdictions allow compensation if the risk of exposure to the employee was caused by his employment. In other words, regardless of whether the general public would or would not suffer the same exposure, it was the employee's work that precipitated or caused the exposure.

Asbestosis and Construction Workers

Asbestos is a naturally occurring fiber that was used quite extensively in the insulation of buildings and for fireproofing. Asbestosis is a form of lung disease that results in scarring of the lung tissue by the inhalation of asbestos, which is made up of microscopic glass-like particles. Those individuals suffering from the disease are at an increased risk for lung cancer and mesothelioma.