Defense Base Act Attorney Straight Talk: What Is The Difference Between Disability And Impairment?

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The Defense Base Act is an extension of the Longshore and Harbor Workers Compensation Act. Two terms that are often used in Defense Base Act cases are "disability" and "impairment." In this article, a Defense Base Act Lawyer explains the difference between these two terms of art. We try and provide "DBA Straight Talk." Meaning, we provide information you need to win your Defense Base Act claim.

Oftentimes there is confusion about the concepts of disability and impairment under the DBA. Under the DBA, there is a big difference between impairment and disability. Impairment refers to anatomical impairment under the American Medical Association Guides to the Evaluation of Permanent Impairment. Usually impairment is expressed in number values. For example, a 37% impairment of the lower extremity.

Under the Defense Base Act/ LHWCA disability is the incapacity because of injury to earn the wages which you were receiving at the time of your injury in the same or any other employment. Disability is an economic concept based on a medical foundation. In order to determine disability, a careful assessment of you, the injured person, as a whole is required.

In determining disability under the DBA, there are various factors at to consider. Such as your age, work experience, education, impairment, physical restrictions, language ability, etc. In essence, the court looks at how these factors affect your ability to earn wages in the relevant labor market.

How this normally works is the DBA insurance company will have a Labor Market Survey (LMS) prepared by a vocational rehabilitation expert. The LMS will provide evidence of specific job openings that exist to establish the existence of suitable jobs in order to meet their burden of proving suitable alternative employment.

This doesn't end the discussion, however. In fact, the discussion is just beginning. It is your Defense Base Act lawyer's job to attack the foundation and conclusions in the Labor Market Survey. This is often done while cross-examining the insurance company's vocational rehabilitation expert at trial. There are many ways to discredit the testimony and evidence of the vocational rehabilitation expert. But that is beyond the scope of this article.

Disclaimer

This article is not legal advice. I am simplistic in this article in order to achieve clarity. If you are a seriously injured DBA worker, then you are advised to hire a seasoned Defense Base Act Attorney. Whenever you bring a DBA claim, your credibility is always at issue. Meaning, if the Judge doesn't believe you, you will lose your case. Always tell the truth.


About the Author:
Bill Turley is a Defense Base Act Lawyer and LHWCA Attorney. He is a Super Lawyer and has the highest Avvo Rating. Visit the most comprehensive Defense Base Act Attorney website.



Article Originally Published On: http://www.articlesnatch.com


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