Melvin A. Jacobs

Workers Compensation

Consequences of Injury in Course of Employment
When an employee is injured in the course of his employment, the natural and resulting consequences from such injury are compensable as also arising in the course of employment. The compensable consequences of the injury can encompass a negative progression or complication of the injury or a completely new injury resulting from the initial one. However, for the initial injury to be considered the root of the resulting condition, there can be no independent intervening cause occasioned by the employee's own intentional conduct. More...
Employee Susceptibility to Occupational Disease
Every employee brings his own idiosyncrasies to his employment. This includes pre-existing weaknesses, hypersensitivities, and other susceptibilities that could impact the employee's health. The minority rule in workers' compensation coverage is that there is no recovery for an occupational disease where a pre-existing condition, such as asthma, contributed to the resulting disease. The minority states consider the disease to be the result of the employee's own innate susceptibility rather than to the peculiar conditions of his employment. More...
Correlation Between Workers' Compensation and Social Security Disability Benefits
Workers' compensation and social security disability insurance (SSDI) benefits both aim to help disabled individuals by providing funds for income replacement. Though similar in purpose, the programs diverge in their criteria for the receipt of benefits. Eligibility for workers' compensation benefits requires that the individual be an employee who was injured on the job. In contrast, SSDI benefits are only issued to those individuals who are so severely disabled by a medically determinable impairment that they cannot engage in any substantial gainful activity. Additionally, to be declared eligible for SSDI benefits, an individual must have worked long enough to be "insured" and must not have reached a certain age. More...
Insurance Carrier Liability and Workers' Compensation
Compensation Third-Party Litigation) More...
Dual-Purpose Travel by Employee
"Dual-purpose" travel by an employee occurs when the employee embarks on a trip on behalf of the employer that coincides with travel for the employee's benefit. In other words, the journey serves both the business purpose of the employer and the personal purpose of the employee. Characterization of the trip as business, personal, or both does not have to be made at the outset of the trip. A trip can start out as purely personal but then transform into a business endeavor. More...

Areas of Practice

  • Automobile Accidents
  • Commercial Law
  • Custody
  • Divorce
  • Family Law
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