§ 32.23. Definitions.
207 words·~1 min read·
/us/cfr/t28/s§ 32.23·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Direct result of an injury---A disability results directly from an injury if the injury is a substantial factor in bringing the disability about. Gainful work means full-or part-time activity that actually is compensated or commonly is compensated. Medical certainty---A fact exists to a degree of medical certainty, when, pursuant to a medical assessment, the fact is demonstrated by convincing evidence. Permanently disabled---An individual is permanently disabled only if there is a degree of medical certainty (given the current state of medicine in the United States) that his disabled condition---
(1)Will progressively deteriorate or remain constant, over his expected lifetime; or
(2)Otherwise has reached maximum medical improvement. Product of an injury---Permanent and total disability is produced by a catastrophic injury suffered as a direct and proximate result of a personal injury if the disability is a direct result of the personal injury. Residual functional capacity means that which an individual still is capable of doing, as shown by medical (and, as appropriate, vocational) assessment, despite a disability. Totally disabled---An individual is totally disabled only if there is a degree of medical certainty (given the current state of medicine in the United States) that his residual functional capacity is such that he cannot perform any gainful work.
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§ 32.23
Definitions.
Fed. Reg.×4
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