/pdf/social-insurance-for-work-and-product-injuries-59qeczklh1.pdf

Cheit: Injury and Recovery in the Course of Employment

Social Insurance for Work and Product Injuries

The determination of loss to a person with an existing injury who is further injured presents a special set of problems for appraisal of economic damanges. This article examines a particular case in which an individual suffers from a "mild" case of cardiac disease (mild disability). This person sustains a further physical disability from a wrongful action diagnosed as "acute myocardial infarction" (severe disability). The second injury causes a further impairment of the individual's economic capacity resulting in shortened expectation of life. II. Obstacles to Calculation of Economic Loss Initially the plaintiff is in a normal situation. Then the plaintiff sustains the first loss ("mild" case of cardiac disease) resulting in a reduced life expectancy. Lastly the plaintiff sustains an additional loss ("acute myocardial infarction") due to careless treatment which results in a further reduction of life expectancy. A problem in determination of the economic damages in this situation is the separation of the losses sustained in the first injury from the losses sustained due to the second injury. The determination of losses from the first injury must be settled before the level of loss from the second injury can be determined. The potential elements of loss in this case include earnings, fringe benefits and household services. Additional medical expenses are not considered since there are not corrective procedures to reverse the physical damages in question or to restore life expectancy. The plaintiff returns to work at his previous position and therefore there is no immediate loss of income. However, based on the history of life expectancies of persons with "mild" cardiac disease versus persons with "acute myocardial infarction," there is a clear reduction in life expectancy. Life expectancies and work life expectancies are compared under: (1) his original condition; (2) the situation after the first injury; and (3) the situation after the second injury. The difference between the first and second injuries are used to determine the amount of loss for the malfeasance related to the second injury.

Appraisal of Economic Loss: Mild Disability to Severe Disability

/pdf/cheit-injury-and-recovery-in-the-course-of-employment-4d31aouklm.pdf

Cheit: Injury and Recovery in the Course of Employment

Citations

Social Insurance for Work and Product Injuries

Appraisal of Economic Loss: Mild Disability to Severe Disability

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