In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: a work-related injury, taking into account such factors as age, education, training, and mental capacity." Id. at 574; see also Norton v. Industrial Comm'n, 728 P.2d 1025, 1027 (Utah 1986) (per curiam) (listing "age, sex, education, economic and social environment, ... [and] permanent impairment" as factors to be weighed (internal quotation marks omitted)). 120 The fact that an employee returned to work for some period of time following his industrial injury does not automatically preclude him from claiming permanent total disability benefits at a later date if he continues to suffer substantial pain throughout the period of his continued employment or if his industrial injury worsens to the point that he is no longer able to maintain regular employment. See Norton, 728 P.2d at 1027-28 (<HOLDING>). See generally Hoskings v. Industrial Comm'n,
Holding statements: (A) holding that disability pension benefits could be offset against both temporary and total permanent disability compensation benefits (B) holding that an employee who returned to work for six years following his workrelated injury could nevertheless obtain permanent total disability benefits and observing that it may be years before the effect of an injury is felt (C) holding that workers compensation statutes do not prohibit claimant from receiving permanent partial disability benefits from prior accident concurrently with temporary total disability benefits from subsequent injury (D) holding that a totally disabled claimant whose preexisting osteoarthritis was temporarily aggravated by her employment was entitled to temporary total disability benefits but not permanent total disability benefits because there was no causal connection between the temporary aggravation and the permanent disability (E) holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence

Answer: holding that disability pension benefits could be offset against both temporary and total permanent disability compensation benefits

Question: the public interest and '[considerations based on the allocation of powers within our federal system' require that the district court defer to local government administrators." Id. In Sweeton, 27 F.3d at 1166, the Sixth Circuit was very clear that, where "decisional law has changed so that the enjoined behavior, which once might have been a violation of federal law, is no longer a matter of federal law at all" the injunction must be vacated. In light of the fact that no federal right underpins the 1974 decree as well as the fact that the "local government administrators" in this case appear to favor vacating the decree the court can identify no reason that the 1974 consent decree should remain in effect. Cf. Agostini v. Felton, 521 U.S. 203, 216, 117 S.Ct. 1997, 138 L.Ed.2d 391 (<HOLDING>); Railway Employees v. Wright, 364 U.S. 642,
Holding statements: (A) holding that a consent decree should be vacated under rule 60b in light of amendments to the railway labor act (B) holding that a motion to terminate a consent decree was moot because the challenged provisions of the decree had expired (C) holding that a motion to terminate a consent decree was moot because there was no consent decree left to be terminated (D) holding that a court errs when it refuses to modify an injunction or consent decree in light of changes in statutory or decisional law (E) holding that statutory authority to modify does not contemplate fundamental changes

Answer: holding that a consent decree should be vacated under rule 60b in light of amendments to the railway labor act

Question: at 123. Dr. Mittal agreed that the fact that the knife had been left in the wound in the victim's back did not alter his medical conclusion. Id. at 128. Accordingly, the prosecutor's argument to the jury was . based upon reasonable inferences from the evidence. Further, we agree with the Commonwealth that, contrary to Appellant's contention, the prosecutor's use of the word "speculation" did not urge the jury to base its verdict on conjecture, but rather was a colloquial way of saying that the prosecutor was not in the room at the time the fatal stabbing was committed. Under these circumstances, we conclude that the prosecutor's comments were not improper, and counsel cannot be deemed ineffective for failing to lodge a meritless objection. See Commonwealth v. Jones, 912 A.2d at 278 (<HOLDING>). VII. Appellate Counsel Ineffectiveness In his
Holding statements: (A) holding that counsel cannot be deemed ineffective for failing to pursue a meritless claim (B) holding that counsel cannot be deemed ineffective for failing to advance novel and unaccepted theories (C) holding that counsel cannot be deemed ineffective for failure to present cumulative evidence (D) holding that counsel was not deficient in failing to present a meritless argument (E) holding that an attorney is not ineffective for failing to make a meritless objection

Answer:
holding that counsel cannot be deemed ineffective for failing to advance novel and unaccepted theories