lawyers.com - Untitled 2

"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...

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...

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...

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...

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...