Discussion 1: Defining Social Security Disability

Injured workers can have different claims for disability grounded in workers’ compensation and in social security. The injured employee has a choice when both types of claim are viable.

On the basis of your readings for the course, answer the following questions:

• How does the Social Security Disability definition differ from worker’s compensation definitions?
• Why do you think the definitions are different?
• Can the definitions be reconciled? Explain your position.

Provide a well-reasoned answer. Support you answer with relevant case law or statute.

Discussion 2: Appealing a Workers’ Compensation Claim

In every case there will be a winning side and a losing side. When a claim is lost, there is a good likelihood that there will be an appeal filed. The appellate process is more formal and will normally be heard through an appellate tribunal before the courts will be able to hear the case.

Based on your readings for the course, examine the reasons for filing an appeal for a workers' compensation claim.

• What factors can mitigate the decision to appeal?
• Support your answer with appropriate reasoning.