Assertion: plaintiff | /r/CapableOf | establish inability
Facets:
value: in proving present effect
type: MANNER
Source sentences:
text: For example, in the following cases, the plaintiff received a charge on diminished earning capacity by establishing that there was a very specific job or task which he could not perform: plaintiff with fractured finger proves inability to perform as symphony flutist, Swartley; plaintiff with permanent leg injury establishes inability to do former job as printing press operator, Fish; plaintiff suffering from traumatic cervical syndrome shows inability to perform as a beautician, Lewis; plaintiff proves injury that prevents her from performing lifting and moving required of practical nurse, Gary; plaintiff with severe upper body burns establishes inability to return to former occupation as plumber, O’Malley.
text: In proving present effect the plaintiff may establish his inability to do a very specific job or he may establish his disability from a more generalized, less specific class of jobs.
text: On the other hand, diminished earning capacity charges have been given where the plaintiff, rather than establishing disability from a particular occupation, proves an inability to do a general type of work or activity: plaintiff with neck and back injuries establishes inability to do “heavy work,” Janson; plaintiff with back injuries is deemed to be disabled from “strenuous work,” Martin.