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Disfigurement

Though not universal, awards for disfigurement are allowed in the majority of states. Usually, disfigurement awards are arbitrary in nature in that there is a somewhat fixed sum allocated, which can vary by jurisdiction. Unlike other awards, those for disfigurement are not normally based on the employee's loss of wages. However, the language in some state statutes is such that compensability will only be found when the disfigurement would impact the employee's earning capacity or general employability.

Social Security Disability Payments and Representative Payees

When a Social Security disability beneficiary is a minor child or legally incompetent adult, the Social Security Administration (SSA) will select a representative payee to manage the beneficiary's disability payments. A representative payee, who can be either an individual or an organization, is charged with the responsibility of disbursing the funds for the beneficiary's present needs and saving any remaining funds for the future. Payment of the beneficiary's "needs" should include food, clothing, shelter, utilities, dental and medical care, and personal comfort items.

Confidentiality of Records

The Social Security Administration, like other federal agencies, is subject to the provisions of the Privacy Act of 1974. The Act prohibits the dissemination of information about an individual that is maintained by the agency including that regarding his education, finances, and medical, employment, and criminal history. An individual's application for benefits, submission of medical records, consultative examination reports, and income and resource information would all seem to be covered by the Act. With exceptions, the SSA can only disclose an individual's personal information if it receives a written request by, or with the written consent of, the individual to whom the information pertains.

Meaning of "Miner" for Purposes of Black Lung Benefits Act

The Black Lung Benefits Act provides for total disability claims for United States miners suffering from pneumoconiosis (aka black lung disease), which was contracted due to their employment. Originally, a "miner" was considered to be a person who was employed in an underground coal mine. However, subsequent amendments to the Act deleted the "underground" requirement so that miners working in above-ground environments would also be covered.

Traveling To and From Work

Employees do not only suffer injuries while actively in the service of their employer. Some injuries occur outside working hours while the employee is traveling to or from work. Workers' compensation for such injuries may be recovered only if they occur on the employer's premises. The employer's "premises" is not just that area in which the employee normally works or where the majority of work performed for the employer takes place. Rather, "premises" encompasses the entire grounds of the employer including all buildings and structures thereon as well as parking lots. Generally, compensation will be denied if the employee was injured elsewhere. Additionally, this "going and coming" rule for compensability is only applicable when the employee has established working hours and a set working location.