We have supplemented those findings by reference to facts in the record that the parties do not dispute. Is a percentage of the 80% coinsurance rate—25% of the 80% coinsurance rate for the building and 50% for the personal property. Solutions Commercial Insurance General liability, property, auto, worker’s compensation, and more. For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more. This paper is a copy of the Best Memorial at the 2009 FDI Moot and has been published in K Sauvant , Year Book on International Investment Law & Policy .
Section 8 demonstrates that one of the Act’s central purposes is to compensate workers who are injured on the job by providing disability compensation equal to two-thirds of the decrease in earning capacity that results from their injuries. To do this, the Act looks to the period after the injury and asks two questions. What would the worker have been able to earn if he was injury free and what will the worker earn given that he is, in fact, injured?
Babcock argues that Balles’s relationship with the female subordinate and his attempts to conceal it constituted a wilful and material breach of his obligation of loyalty to the company. Balles concedes that his conduct constituted a breach of loyalty under clause , but argues that Babcock failed to provide him with an opportunity to correct his breach, as required by clause . The company counters that, because Balles’s breach could not be corrected, it was excused from the requirement of offering him an opportunity to correct the breach, as to do so would have been futile. And a statement from a manager that she lacked an engineering degree. These two statements, however, do not suffice to establish that the trial judge’s findings of fact to the contrary, supported by other evidence, were clearly erroneous. See Weiler v. PortfolioScope, Inc ., 469 Mass. 75, 81, 12 N.E.3d 354 .
Taking the difference between a claimant’s earning capacity after injury and a projection of what his earning capacity would have been had the injury never occurred, the Act calculates the earning capacity lost after the date of injury. Of course, both the injury-free and post-injury earning capacities for this (post-injury) period must be approximated, and this is done under §§ 10 and 8, respectively. Section 10 uses a claimant’s “average weekly wages” before the injury to estimate the earning capacity that he would have had after the date of injury if he had been injury free. We refer to this as a claimant’s pre-injury earning capacity because this was his capacity to earn future wages before the disabling injury.
Co. v. Barbosa, 435 Mass. 772, 779 (where terms of contract “are ambiguous, uncertain, or equivocal in meaning, the intent of the parties is a question of fact to be determined at trial”). From our discussion of the first two factors, it is clear that Wright’s vacation, holiday, and container royalty payments were made “under the contract of hiring in force at the time of the injury,” 33 U.S.C. § 902, and thus satisfy the third requirement of § 2. Normally this would end our inquiry, but Universal Maritime argues that these payments were “fringe benefits.” We disagree.
The operative word in the term “certified true copy” under Section 3, Rule 46 of the Rules of Court is “certified.” The word means “made certain.” It comes from the Latin word certificare – meaning, to make certain. It is presumed that, before making the certification, the authorized representative had compared the xerox copy with the original and found the same a faithful reproduction thereof. The claimant must establish reasonable diligence in attempting to secure some type of suitable alternate employment within the compass of opportunities shown by the employer to be reasonably attainable and available, and must establish a willingness to work. Incarceration does not preclude total disability if there was no suitable alternate employment available during the period of incarceration. If the vocational expert states that no jobs exist which the claimant could reasonably obtain, he is permanently totally disabled. The ALJ should also determine the employee’s physical and psychological restrictions based on the medical opinions of record and apply them to the specific available jobs identified by the vocational expert.
Universal Maritime’s main argument on appeal is that vacation, holiday, and container royalty payments are not “wages” because they are “fringe benefits” that the Act explicitly excludes from the definition of wages. While this argument has a superficial appeal, a close reading of the definition and an examination of the statutory history lead us to a different conclusion. As mentioned above, if the claimant establishes a prima facie case of total disability, the burden shifts to employer to establish suitable alternate employment. An employer must show the existence of realistically available job opportunities within the geographical area where the employee resides which he is capable of performing, considering his age, education, work experience, and physical restrictions, and which he could secure if he diligently tried .
V. Director, OWCP, 115 F.3d 735, 737 (9th Cir.1997) ; see also SEACO v. Richardson, 136 F.3d 1290, 1291 n. If wages are earned before but received after an injury, they are only a “measure of pre-injury earning capacity, not of postinjury earning capacity.” Eagle Marine, 115 F.3d at 737. Therefore, they cannot “ ‘fairly and reasonably represent’ a wage-earning capacity under § 8.” Id. In summary, § 2 defines “wages” as a dollar measure of the compensation provided for an employee’s services by an employer under the contract of hiring in force domain age google pagerank alexa rank at the time of the injury. Although all compensation that meets these general requirements will fall within the affirmative definition of wages, the section expressly “includ” as an illustration of such compensation the reasonable value of any advantage that is received from the employer and triggers tax withholding. Finally, “wages” do not include “fringe benefits,” that is, those advantages given in addition to an employee’s regular monetary pay whose value to the employee is too speculative to be readily converted into a cash equivalent.
