Loss of earning capacity definition

Loss of earning capacity means the difference between the worker’s net average earnings before the accident, and the net average amount the Workers Compensation Board determines the worker is capable of earning after the accident.
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Examples of Loss of earning capacity in a sentence

  • Loss of earning capacity may be awarded even if the amount of damages is uncertain.

  • Loss of earning capacity “is an element of damages in personal injury actions.” Overstreet v.

  • To that end, causal chain will have to be developed to elucidate transboundary problem affecting the Mediterranean LME with its associated environmental impacts and socio-economic consequences.

  • Loss of earning capacity “is an element of damages in personal injury actions.” Id. at703 (citing Wolfe v.

  • Loss of earning capacity is, therefore, not a substitute for percentage of the physical disablement.

  • Loss of earning capacity has to be determined by taking into account the diminution or destruction of physical capacity as disclosed by the medical evidence and then it has to be seen to what extent such diminution or destruction should reasonably be taken to have disabled the affected workman of his class ordinarily performs.

  • The complaint requests a “judgment against [Defendants] for compensatory damages for a fair and reasonable sum to be determined by a jury of twelve (12) peers under the law and the evidence.” Just as arguments of counsel are not evidence, arguments do not serve 5 The charge to the jury relative to loss of earning capacity included the following: Loss of earning capacity is the value of earning capacity that has been lost in the past as a result of the injury in question.

  • The jury calculated Bruce’s damages as follows:● Physical pain and mental anguish sustained in the past: $125,000 ● Loss of earning capacity sustained in the past: $12,000 ● Disfigurement sustained in the past: $5,000 ● Physical impairment sustained in the past: $10,000 ● Medical-care expenses incurred in the past: $14,500 ● Exemplary damages based on gross negligence: $225,000Cowboys filed a motion for judgment notwithstanding the verdict.

  • Loss of earning capacity encompasses the plaintiff's ability to work after the date of trial.

  • Loss of earning capacity is simply a broader way of compensating for future earnings loss.

Related to Loss of earning capacity

  • Net Qualifying Capacity has the meaning set forth in the CAISO Tariff.

  • Excess capacity means volume or capacity in a duct, conduit, or support structure other than a utility pole or anchor which can be used, pursuant to the orders and regulations of the Commission, for a pole attachment.

  • Idle capacity means the unused capacity of partially used facilities. It is the difference between: (a) that which a facility could achieve under 100 percent operating time on a one-shift basis less operating interruptions resulting from time lost for repairs, setups, unsatisfactory materials, and other normal delays; and (b) the extent to which the facility was actually used to meet demands during the accounting period. A multi-shift basis should be used if it can be shown that this amount of usage would normally be expected for the type of facility involved.

  • Available RP Capacity Amount means (i) the amount of Restricted Payments that may be made at the time of determination pursuant to Sections 7.06(d), (g), (h) and (l) minus (ii) the sum of the amount of the Available RP Capacity Amount utilized by the Borrower or any Restricted Subsidiary to (A) make Restricted Payments in reliance on Sections 7.06 (g), (h) or (l), (B) incur Liens pursuant to Section 7.01(bb), (C) make Investments pursuant to Section 7.02(n), (D) incur Indebtedness pursuant to Section 7.03(y) and (E) make prepayments, redemptions, purchases, defeasances and other payments in respect of Junior Financings prior to their scheduled maturity utilizing the Available RP Capacity Amount pursuant to Section 7.13 plus (iii) the aggregate principal amount of Indebtedness prepaid prior to or substantially concurrently at such time, solely to the extent such Indebtedness (A) was secured by Liens pursuant to Section 7.01(bb) or (B) was incurred pursuant to Section 7.03(y) and not secured pursuant to Section 7.01(bb) (it being understood that the amount under this clause (iii) shall only be available for use under Sections 7.01(bb) and/or 7.03(y), as applicable).

  • Available Capacity means the capacity from the Project, expressed in whole megawatts, that is available to generate Product. [For As-Available Product facilities only]

  • Interruptible Capacity means capacity that may be interrupted by the Operator at any time in order to fulfil shippers’ nominations under a firm capacity reservation.

  • Maximum Capacity or ‘Pmax’ means the maximum continuous active power which a power-generating module can produce, less any demand associated solely with facilitating the operation of that power-generating module and not fed into the network as specified in the connection agreement or as agreed between the relevant system operator and the power-generating facility owner;

  • Storage Capacity means any combination of space, injectability and deliverability.

  • Project Capacity means the AC capacity of the project at the generating terminal(s) and to be contracted with MSEDCL for supply from the Solar Power Project.

  • indemnified capacity means any and all past, present and future service by an indemnified representative in one or more capacities as a director, officer, employee or agent of the corporation, or, at the request of the corporation, as a director, officer, employee, agent, fiduciary or trustee of another corporation, partnership, joint venture, trust, employee benefit plan or other entity or enterprise;

  • Contract Capacity has the meaning set forth in Section 3.1(f).

  • Committed Capacity means that portion of the Capacity that is required to meet the Capacity Entitlements of Access Holders;

  • Potential electrical output capacity means, with regard to a unit, 33 per- cent of the maximum design heat input of the unit.

  • Annualized Operating Cash Flow means, for any period of three complete consecutive calendar months, an amount equal to Operating Cash Flow for such period multiplied by four.

  • Contracted Capacity means the capacity (in MW AC) contracted with MSEDCL for supply by the successful bidder at the Delivery Point from the Solar Power Project.

  • New Capacity means a new Generator, a substantial addition to the capacity of an existing Generator, or the reactivation of all or a portion of a Generator that has been out of service for five years or more that commences commercial service after the effective date of this definition. For purposes of Section 23.4.5 of this Attachment H, “Offer Floor” for a Mitigated Capacity Zone Installed Capacity Supplier that is not a Special Case Resource shall mean the lesser of (i) a numerical value equal to 75% of the Mitigation Net CONE translated into a seasonally adjusted monthly UCAP value (“Mitigation Net CONE Offer Floor”), or (ii) the numerical value that is the first year value of the Unit Net CONE determined as specified in Section 23.4.5.7, translated into a seasonally adjusted monthly UCAP value using an appropriate class outage rate, (“Unit Net CONE Offer Floor”). The Offer Floor for a Mitigated Capacity Zone Installed Capacity Supplier that is a Special Case Resource shall mean a numerical value determined as specified in Section 23.4.5.7.5. The Offer Floor for Additional CRIS MW shall mean a numerical value determined as specified in Section 23.4.5.7.6. For the purposes of Section 23.4.5 of this Attachment H, “Non-Qualifying Entry Sponsors” shall mean a Transmission Owner, Public Power Entity, or any other entity with a Transmission District in the NYCA, or an agency or instrumentality of New York State or a political subdivision thereof.

  • net earnings means such earnings as are calculated in accordance with paragraph 42 or 52, as the case may be;

  • Rated Capacity means the Average Daily Flow for which the Works are approved to handle;

  • Base Capacity Resource Price Decrement means, for the 2018/2019 and 2019/2020 Delivery Years, a difference between the clearing price for Base Capacity Resources and the clearing price for Capacity Performance Resources, representing the cost to procure additional Capacity Performance Resources out of merit order when the Base Capacity Resource Constraint is binding.

  • Generation Capacity Resource shall have the meaning specified in the Reliability Assurance Agreement.

  • Net Monthly Excess Cash Flow For any Distribution Date the amount remaining for distribution pursuant to subsection 4.02(a)(iii) (before giving effect to distributions pursuant to such subsection).

  • Ordinary time earnings means the salary, wage or other remuneration regularly received by the employee in respect of the time worked in ordinary hours and shall include shift work penalties, payments which are made for the purpose of District or Location Allowances or any other rate paid for all purposes of the award to which the employee is entitled for ordinary hours of work. Provided that "ordinary time earnings" shall not include any payment which is for vehicle allowances, fares or travelling time allowances (including payments made for travelling related to distant work), commission or bonus.

  • Reserved Capacity means the maximum amount of capacity and energy that the Transmission Provider agrees to transmit for the Transmission Customer over the Transmission Provider’s Transmission System between the Point(s) of Receipt and the Point(s) of Delivery under Tariff, Part II. Reserved Capacity shall be expressed in terms of whole megawatts on a sixty (60) minute interval (commencing on the clock hour) basis.

  • Base Capacity Demand Resource Price Decrement means, for the 2018/2019 and 2019/2020 Delivery Years, a difference between the clearing price for Base Capacity Demand Resources and Base Capacity Energy Efficiency Resources and the clearing price for Base Capacity Resources and Capacity Performance Resources, representing the cost to procure additional Base Capacity Resources or Capacity Performance Resources out of merit order when the Base Capacity Demand Resource Constraint is binding.

  • System Capacity means the operational capacity of the System at any applicable point in time.

  • Excess Cash Flow means, for any period, an amount equal to the excess of: