Newsletters

Palliative and Preventive Measures

The provision for medical benefits is a substantial component of workers' compensation. Many states consider palliative measures to be included under the umbrella of "medical benefits." Basically, palliative measures are those extended to the employee for pain and discomfort when there is no hope for recovery. The language of each state's statute is central to whether palliative measures are covered. For example, when a state authorizes medical benefits for the cure and recovery of the injured employee, many courts will consider "recovery" separate from "cure." Thus, the door is opened for palliative measures despite the lack of curability in the employee's condition.

Social Security Disability Benefits Evaluation for Disabled Widows and Widowers and Surviving Divorced Spouses

Social security disability is open to disabled widows and widowers as well as surviving divorced spouses of wage earners who died fully insured under the terms of the Social Security Act. Determining the eligibility of these individuals is a complex matter and requires the consideration of a multitude of factors.

Workers' Compensation Medical Benefits as "Property"

The Due Process Clause of the Fourteenth Amendment to the United States Constitution provides that a person shall not be deprived of his property without due process of law. The issue of whether workers' compensation medical benefits are "property" under the Fourteenth Amendment was addressed by the United Supreme Court, which held that such determination hinged on the individual's entitlement to such benefits.

Social Security Disability Appeals Process

If an individual disagrees with the decision of the Social Security Administration, an appeal can be taken. In the appeals process, all parts of the decision will be re-examined, including those parts that are favorable to the appellant. A written request for an appeal is required and it must be done within a specified time period. The individual may have a representative aid them in the appeals process. The representative will act on behalf of the individual, but is prohibited from collecting a fee for this service without first gaining permission from the Social Security Administration.

Resident Employees Who Are Not On-Call

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.