Children suffering from systemic lupus erythematosus ("SLE" or "Lupus") may qualifty for Childhood SSI. Lupus erythematosus is a name given to a collection of autoimmune diseases in which the human immune system becomes hyperactive and attacks normal, healthy tissues. Symptoms of these diseases can affect many different body systems, including joints, skin, kidneys, blood cells, heart, and lungs. Childhood SSI claims are evaluated differently than adult claims for Social Security Disability or SSI. The requirements are actually more stringent. The SSA determines whether the child has an impairment or combination of impairments that meets or medically equals the criteria of a listing, or that functionally equals the listings.
During the early hours of a recent Wednesday morning, an accident between a sedan and a tractor-trailer lefts two males dead and one injured. The truck accident happened along a highway in Tennessee when the westbound sedan driven by 41-year-old male crossed over the highway into the eastbound lanes. The sedan hit an oncoming tractor-trailer, causing devastating injuries for at least two of the three people involved.
What happens if an injured employee in a workers' compensation case is further injured by a treating doctor? In determining who qualifies as a third-party, it is perhaps best to look at an umbrella rule of thumb and then examine examples and exceptions to the rule. A third-party eligible to be sued by an injured worker is one who is unconnected to the injured worker's employer whose negligent actions give rise to the worker's injuries or who cause further exacerbation or aggravation of the injuries. A doctor or hospital can be a third-party when an injured worker who has suffered an additional injury or disability due to medical malpractice while being treated for a work-related injury. Erwin v. Travelers Prop. Cas. Co. of Am., 2012 LEXIS 406 (Tenn. Ct. App. 2010). However, a hospital cannot be sued for malpractice when the injured worker is an employee of the hospital despite the argument of the "dual capacity doctrine." Tennessee has not allowed an employer to be sued in tort even though the employer may have been acting in a "dual capacity." In McAlister v. Methodist Hosp. of Memphis, 550 S.W.2d 240 (Tenn. 1977), the Court held:
From time to time, every Tennessee driver is in a hurry for one reason or another. Slower traffic can be frustrating and could prompt a driver to take unnecessary chances. Being in a hurry, however, does not diminish the need to exercise caution while on the road. The failure to do so could lead to a serious or even fatal car wreck.
A person can qualify for Social Security Disability or SSI benefits based on severe schizophrenia, paranoia, or other psychotic disorders. If a person is not working and has been diagnosed with one of these severe conditions, the Social Security Administration will determine whether the person is disabled under a listing or whether jobs exists considering the person's residual abilities. In terms of the listing (SSA's Bluebook), it states:
On an evening in early February, a collision between a truck and a car occurred at approximately 6 p.m. The truck accident left one person seriously injured and two others with minor injuries. As the truck accident led to serious injuries, it is under investigation by Tennessee authorities with the Fatal Accident Crash Team.
The Social Security Administration has proposed changes that would affect people seeking Social Security Disability or SSI benefits for cancers. The SSA is seeking changes to the Malignant Neoplastic Diseases Listings of Impairments. The listing was last changed in 2009. The proposed changes are:
The end of January saw two Highway Patrol troopers injured in two separate Tennessee car accidents at the same location. The car accidents happened only two hours apart. The first trooper was injured at around 3 p.m. while investigating the scene of an earlier accident. While discussing the car accident under investigation with another trooper, a vehicle crashed into his patrol vehicle from the rear.
Although Tennessee residents understand the risk of being on the road, no one ever anticipates being involved in a car accident. However, accidents happen every day, and anyone can be a victim. In some cases, the lives of car accident victims are drastically changed following a collision. In one recent Tennessee car wreck, this may be the case for three people who were injured.