Accordingly, it falls to tort law to attempt to determine whether this is a compensable loss. |
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Rathbone argued that motherhood was socially valuable and thus compensable, entitled to the respect due such an important profession. |
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Another concept on trial in the United States is that of accelerated compensable events or designated compensable events. |
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The issue before the trial judge was whether the plaintiffs had suffered compensable nervous shock. |
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Thus it is our opinion that there is no compensable delay pertaining to this issue. |
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There is no question but that all of these types of harm are compensable in damages. |
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This, in a real sense, is not open to the applicant because what she seeks is not compensable in monetary terms. |
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This does not mean that such harm is not compensable, merely that it is conceptually distinct from damage to the mind. |
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Preliminary and postliminary time are compensable, however, if considered an integral part of the principal job. |
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In the late nineteenth century negligence did not recognise injury caused by psychiatric means as compensable. |
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I find that her delayed return to work was directly attributable to the injuries and therefore compensable. |
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There can be a compensable loss, even where there is a less than 50 per cent chance. |
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It is conceivable that damages beyond the subrogated damages might be found to be too remote or to be non compensable pure economic loss. |
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Is it as broad then, do you say, as any deleterious consequence to a plaintiff, compensable by a monetary award? |
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The defendant says such damage does not give rise to a compensable loss of the plaintiff in this action. |
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Despite this ruling, no final decision could be made due to the position taken by the Board that chronic stress was not compensable. |
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Thus, although the loss of a job is very often the cause of injured feelings and emotional upset, the law does not recognize these as compensable losses. |
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This exercise is one that every litigant goes through irrespective of their profession or line of work and is not compensable when deciding costs. |
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Ample evidence was presented to show that Tupa suffered a compensable accidental injury during the course of his employment. |
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If you expect a business model that runs on micro-tariffs, then micro-uses have to be compensable. |
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However, once the kind of damage is foreseen the full extent of the damage need not be foreseen in order to be compensable. |
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Some suggested maintaining the maximum compensable earnings, whereas other suggested its removal. |
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There is no evidence of compensable damages before me and I order none. |
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Eligibility was later expanded to include any retiree with a compensable combat-related disability, including reservists. |
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During the period 2004-2008 the Workers' Compensation Board, now called WorkSafe BC, reported 785 workplace deaths and over 308,500 compensable workplace injuries. |
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And yet the Court emphasized that French law has always recognized that non-economic losses resulting from the death of a relative were compensable. |
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Since safer guns would mean fewer compensable injuries or deaths, the tax should be adjustable, rising when injuries and deaths increase, and falling when they decrease. |
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In tort law the principles of foreseeability place a cap on damages only to the extent that the kind of damage must be foreseeable in order to be compensable. |
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The Court noted that, in civil law, any loss, whether pecuniary or not, is compensable if it is proven that an injury was suffered by the victim and there was fault on the part of the tortfeasor. |
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For many decedents, this is a conscious moment of horrendous fear and therefore compensable under the law in most jurisdictions. |
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The district court also held the diminution of an assessment base is not a compensable loss under the Takings Clause of the Fifth Amendment. |
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A spokesman for the division, John Greeley, acknowledged that the agency does not maintain racial information on every compensable injury. |
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The court held, inter alia, that the ALJ has exclusive jurisdiction to decide whether an injury is compensable. |
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Thus, while the court accepted that the transfer represented a new infringement of the Sto:lo's potential Aboriginal title, it also found that any damage would be compensable. |
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It was important for economic loss suffered by such industries to be compensable, provided that the link between the incident and the economic loss was clear. |
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The court noted that other states have found that the growth of a tumor, by itself, constitutes a compensable injury for purposes of medical malpractice. |
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