(Download) "Olson v. Apfel" by Eighth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free

July 30, 2021

eBook details

Title: Olson v. Apfel
Author : Eighth Circuit U.S. Court of Appeals
Release Date : January 11, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

Description

Appeal from the United States District Court for the District of North Dakota. Submitted: November 17, 1998 Gordon Olson injured his back working as a school custodian. He received North Dakota worker's compensation benefits, including a lump-sum permanent partial impairment award for loss of bodily function under N.D. Cent. Code §§ 65-05-12 to-14 (Supp. 1998). The Commissioner of Social Security determined that Olson was eligible for social security disability benefits but reduced those benefits under the federal statute that offsets social security and worker's compensation disability benefits. See 42 U.S.C. § 424a. Olson's widow sued, challenging the Commissioner's decision to include Olson's permanent partial impairment award in the worker's compensation benefits subject to offset. Relying on Frost v. Chater, 952 F. Supp. 659 (D. N.D. 1996), the district court granted summary judgment for Mrs. Olson, concluding that North Dakota worker's compensation impairment awards are not subject to the § 424a offset because they are payments for loss of bodily function, not loss of earning capacity. The Commissioner appeals. Reviewing this issue of law de novo, we reverse.