A Capehart Scatchard Blog

Tag: impairment

The Crucial Difference Between Impairment And Disability In Workers’ Compensation

By on December 4, 2020 in Workers' Comp Basics with 1 Comment

Understanding the difference between “impairment” and “disability” is important in properly reserving files and in defending workers’ compensation cases. Many people use the terms synonymously, but there is an important legal distinction. An impairment refers to a problem with the structure or organ of the body. Disability focuses on the functional limitations that are caused by the […]

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Obesity Is Not An Impairment Unless It Results From An Underlying Physiological Disorder

By on June 6, 2016 in ADA with 0 Comments

An important ADA decision has come from the Court of Appeals in the Eighth Circuit in Morriss v. BNSF Railway Company, 817 F.3d 1104 (8th Cir. 2016).  The case stems from a post-offer medical examination.  Melvin Morriss applied for a machinist position and received a conditional offer of employment.  He was required to undergo a […]

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