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Thus, the tenant stands in the shoes of the insured landlord for the purpose of defeating the insurer’s subrogation claim. A claimant may receive continuing permanent total disability compensation where the employer has established the availability of suitable alternate employment at a minimum-wage level, but the claimant is precluded from working because he is undergoing vocational rehabilitation. Total disability is defined as complete incapacity to earn pre-injury wages in the same work as at the time of injury or in any other employment. Under current case law, the employee has the initial burden of proving total disability. To establish a prima facie case of total disability, the claimant must show that he cannot return to his regular or usual employment due to his work-related injury. The result is the same if we assume, as the parties apparently do, that the language in question is ambiguous and turn to extrinsic evidence to discern the term’s meaning.

In the absence of any evidence of its likelihood, the ALJ can find the allegation that the employee will work less in the future to be speculative. If an employee is promoted to a higher-paying post where his physical restrictions no longer matter, he has no economic disability. We accept for the sake of argument the company’s apparent assumption that, if any one aspect of Balles’s breach is uncorrectable, the breach itself is uncorrectable. Text messages, and electronic mail messages, all of which were stored on his company-issued computer. The investigation disclosed more than one hundred photographs and thousands of text messages between Balles and the female subordinate.

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Seeseaco strongly recommends all customers to purchase shipping insurance during the checkout. This ensures that if there are any issue during the delivery process that Seeseaco will send you the same product free of charge. If the item becomes unavailable we will offer you alternative refund options.

Only approved company accounts can reply to comments, you can do this from the management panel with your company account. Users cannot reply to comments made on company comments. Email Veritas is a cybersecurity company dedicated to developing anti-phishing tools and have as a mission “To create a more secure digital world through a tool for protecting corporate e-mails, Assuring Genuine and Safe Electronic Messaging”. Our team of scientists have experience and deep knowledge of Computer Security and Artificial Intelligence .

The Tribunal will address the issue of jurisdiction over the claims as a preliminary matter. The Respondent asks the Tribunal to dismiss the claims for lack of jurisdiction and requests an Award of costs. Subrogation is an equitable doctrine that is based on a theory of restitution and unjust enrichment, where the party who paid for the loss is made whole by being able to collect that debt from the wrongdoer. Massachusetts law governs construction of the lease.

When an employee has proven a medical disability which presently causes no loss of wage-earning capacity, but has a reasonable expectation that a loss in wage-earning capacity will occur in the future, a de minimis award is appropriate. “Disability” under the LHWCA means incapacity as a result of injury to earn wages which the employee was receiving at the time of injury at the same or any other employment . Therefore, in order for a claimant to receive a disability award, he must have an economic loss coupled with a physical or psychological impairment . Whether Balles committed a material breach of the stockholders’ agreement .

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Seeseaco cannot be made liable of non-delivery in this case. Seeseaco is not responsible for late deliveries for special occasions, such as birthdays, or other events. We encourage customers to place their order in advance to ensure there is enough time to receive their item.