Topic
Total Disability
18 published works
Roberts Disability Law Blog
District Court Finds ERISA Plaintiff Did Not Satisfy Burden of Demonstrating Total Disability from Sedentary Occupation
By Kristin Kyle
In Kris B. v. Life Insurance Company of North America, No. 3:22-cv-03717-RFL (N.D. Cal. Sept. 12, 2024), on cross-motions for judgment pursuant to FRCP Rule 52, California Northern District Rita…
Kanoski Bresney Blog
When Are Total Disability Benefits Available Through Workers’ Comp?
By Kanoski Bresney Personal Injury Attorneys
Work-related injuries can lead to physical, emotional, and financial hardship for workers and their families. In Illinois, injured workers will be eligible for workers' compensation benefits, as long as an…
Work Comp & Employment Law Insight
SD Supreme Court Affirms Denial of Odd-Lot Claim based on Alleged Mental Health Condition
By Laura Hensley, Charlie Larson
On July 20, 2022, the South Dakota Supreme Court issued its opinion in the matter of Baker v. Rapid City Regional Hospital and Hartford Insurance, 2022 S.D. 40 affirming the…
Personal Injury Lawyer Blog
How to Get Medical Support to Show Total Disability
How to Get Medical Support to Show Total Disability? Medical opinions are one of the strongest supports towards a total disability claim, however the process of getting them is not…
The Illinois Workers' Comp Blog
Wage Differential or Perm Total? Why don’t we have both?
By Matt Walker
Can you have your wage differential and your perm total, too? In the case of Chlada v. Ill. Workers' Comp. Comm'n, 58 N.E.3d 848, 405 Ill.Dec. 587 (Ill. App. 2016)…
Illinois Workers Compensation Law Blog
How To Prove You Are An Odd Lot Permanent Total
By Mike Helfand
We are Chicago work comp attorneys who help with cases all throughout Illinois via our state wide network of experienced attorneys. If you want to speak with us for free,…
Workers Compensation - Washington
L&I Pension – Permanent Total Disability
By Tara Reck
A catastrophic work injury or occupational disease can make work injury victims unemployable. Here, unemployable means that the person is unable to “perform or obtain a gainful occupation with a…
Zalma on Insurance
ERISA Administrator’s Decision Must be Affirmed if no Abuse of Discretion
By Barry Zalma
ERISA Claimant Must Carry Burden to Establish Total Disability The Employee Retirement Income Security Act of 1974 (ERISA) allows the plan administrator great discretion to deal with claims. A court…
Disability Insurance Claims Law Blog
Court Discusses Employer-Specific Positions Reliance LTD Decision
By Gregory Dell
Juanita Nichols worked as a Hazard Analysis Critical Control Point (HACCP) Coordinator at Peco Foods, Inc, a chicken processing plant in Sebastopol, Mississippi. As part of her job, she was…
Illinois Workers Compensation Law Blog
Odd Lot Permanent Total And Illinois Work Comp
By Mike Helfand
To be permanently and totally disabled under Illinois law means that there is essentially no job you can do because your injuries and physical restrictions due to the injury are…