- total disability
- As an occurrence insured against, such a disability as renders the insured unable to perform all the substantial and material acts necessary to the prosecution of his trade, business, or occupation in a customary and usual manner, irrespective of the fact that he is not reduced to a state of absolute helplessness. 29A Am J Rev ed Ins § 1517. For the purpose of workmen's compensation, a disability or incapacity which completely destroys the claimant's earning power so that he is not capable of performing any remunerative employment, subject however to the rule in some jurisdictions that the fact that an injured employee may be able to perform light work, or that some usefulness remains in an injured member, does not preclude a finding of total disability. 58 Am J1st Workm Comp § 283. An insurer's liability for the payment of benefits for total disability rendering insured unable to engage in any occupation or perform any work for compensation is tested by whether insured is incapacitated to earn in any occupation to which he may reasonably be fitted and whether his remaining earning capacity bears a substantial relation to his natural or previous capacity to earn. Patton v Prudential Ins. Co. 181 Tenn 138, 178 SW2d 760, l ALR2d 750. As the term is used in a health policy, it does not mean absolute physical disability on the part of the insured to transact any kind of business pertaining to his occupation. It may exist although the insured is able to perform occasional acts if he is unable to do any substantial portion of the work connected with his occupation. Brotherhood of Locomotive Firemen & Enginemen v Aday, 97 Ark 425, 134 SW 928. The term must of necessity be relative in its signification, which depends largely upon the occupation and employment in which the disabled person is engaged. A person who labors with his hands might be so disabled by a severe injury to one hand as not to be able to labor at all at his usual occupation, whereas a merchant or a professional man might by the same injury be only disabled from transacting some kinds of business pertaining to his occupation. Lobdill v Laboring Men's Mut. Aid Asso. 69 Minn 14, 71 NW 696.
Ballentine's law dictionary. Anderson, W.S.. 1998.