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What is a Disability?

Disability is the inability to earn the same wages that the employee was earning prior to the workplace accident. It is a diminished power to make money and does not refer to physical defects. If an employee is making the same amount of money in the same or other employment, there isn't any disability. Determining whether a disability exists is actually a conclusion of law, not fact. This means that it would be the Deputy Commissioner's decision to make whether there exists a disability or not. Specific findings must show that the employee was unable to earn the same wages earned before injury in the same employment. Also, it must be demonstrated that the plaintiff is unable to make the same wages he or she had earned before the injury at any other employment. Last, the incapacity has to be shown to be caused by the plaintiff's injury.