total disability

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. . 1998.

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Look at other dictionaries:

  • total disability — to·tal disability n: a degree of disability considered sufficient (as according to statute or in an insurance policy) to make one unable to engage in gainful work Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. total disability …   Law dictionary

  • total disability — noun : incapacity to perform the duties of any substantially gainful occupation either permanently or temporarily due to accident or illness compare partial disability, temporary total disability …   Useful english dictionary

  • total disability — total disadvantage, clear inferiority, one hundred percent unable …   English contemporary dictionary

  • total disability clause — A clause in a health or accident policy, sometimes in a life insurance policy, providing for the payment of benefits in the event of the occurrence of the total disability of the insured. 29A Am J Rev ed Ins § 1504. A provision in a life… …   Ballentine's law dictionary

  • total disability for work — Such disability as incapacitates one from performing the usual tasks of a workman in such a manner as to enable him to procure and retain employment. Anno: 67 ALR 786. <b></b>See total disability; total loss of business time …   Ballentine's law dictionary

  • disability — dis·abil·i·ty n pl ties 1: inability to pursue an occupation because of a physical or mental impairment; specif: inability to engage in any substantial gainful activity because of a medically determinable physical or mental impairment that can be …   Law dictionary

  • temporary total disability — noun : disability resulting from an injury that temporarily destroys a worker s earning capacity …   Useful english dictionary

  • disability — The want of legal capability to perform an act. Term is generally used to indicate an incapacity for the full enjoyment of ordinary legal rights; thus, persons under age, insane persons, and convicts are said to be under legal disability.… …   Black's law dictionary

  • disability — The want of legal capability to perform an act. Term is generally used to indicate an incapacity for the full enjoyment of ordinary legal rights; thus, persons under age, insane persons, and convicts are said to be under legal disability.… …   Black's law dictionary

  • disability — A deprivation of ability; a state of being disabled. Miller v American Mut. Acci. Ins. Co. 92 Tenn 167, 21 SW 39. Want of competent power, strength, or physical ability; weakness; incapacity; impotence. Hill v Travelers Ins. Co. 146 Iowa 133, 124 …   Ballentine's law dictionary

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