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Loss of use
Loss of use is the inability, due to a tort or other injury to use a body part, animal, equipment, premises, or other property. Law.com defines it as "the inability to use an automobile, premises or some equipment due to damage to the vehicle, premises or articles caused by the negligence or other wrongdoing of another."〔(law.com Law Dictionary )〕 ==Schedule loss of use of a member (Workers' Compensation law)== Under workers' compensation law, a schedule loss of use is the set amount of compensation an employee may receive for the inability to use a particular body member, such as an arm, hand, finger, leg, foot, or toe. An injured employee will receive monetary benefits for the loss of use of such a body member during periods of temporary disability associated therewith, and/or at the time a judicial finding is made of permanent impairment. These monetary benefits are in addition to other benefits for compensation such as medical benefits.〔See, e.g., N.Y. WCL § 15 (New York Workers' Compensation Law section 15, "Schedule in case of disability").()〕 An essential basis for calculating a Schedule Loss of Use ("SLU") is often a multiple of the injured employee's pre-injury average weekly wage, or some percentage thereof, as determined by a state's Workers' Compensation Law. This wage information is utilized in conjunction with a medical assessment by an evaluating physician, together with a schedule which standardizes the value of particular injuries. This standardization is necessary to ensure Equal Protection while applying a Workers' Compensation scheme. The physician's loss assessment is converted to a period of weeks, utilizing the schedule published in law, and then this number of weeks is multiplied by the wage basis to determine the total value of the SLU. Due to the complexity of the calculations involved in determining an SLU, it may be useful to utilize an SLU calculator, such as may be provided on legal, public service, academic, or informational websites.〔For example, see the calculators for New York Workers' Compensation Law at http://criscuololaw.com/workers_compensation_and_social_security_disability_resources.php〕 The etymology of tort is from the French word for twisted -- as in wrongful, trespassing, sick, perverted, or disturbed. Unlike in other aspects of tort law, rather than being figurative, the meaning is sometimes literal, whereby a worker's arm has been twisted by machinery, and is rendered useless for work.〔Worker's compensation is usually not considered part of tort law, but is thought of as a statutory scheme that ''replaces'' tort law.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Loss of use」の詳細全文を読む
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