Definition of DISABILITY in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DISABILITY
The want of legal capability to perform an act. Berkin v. Marsh, 18 Mont. 152, 44 Pac. 528, 56 Am.St.Rep. 565.
A crippled condition. Kimbrough v. National Protective Ins. Ass'n, 225 Mo.App. 913, 35 S.W.2d 654, 657.
At the present day, disability is generally used to indicate an incapacity for the full enjoyment of ordinary legal rights; thus married women, persons under age, insane persons, and felons convict are said to be under disability. Sometimes the term is used in a more limited sense, as when it signifies an impediment to marriage, or the restraints placed upon clergymen by reason of their spiritual avocations. Mozley & Whitley.
Classification
Disability is either general or 'special; the former when it incapacitates the person for the performance of all legal acts of a general class or giving to them their ordinary legal effect; the latter when it debars him from one specific act. State ex rel. Sathre v. Moodie, 258 N.W. 558, 567, 65 N.D. 340. Disability is also either personal or absolute; the former where it attaches to the particular person, and arises out of his status, his previous act, or his natural or juridical incapacity; State ex rel. Olson v. Langer, 65 N.D. 68, 256 N.W. 377; the latter where it originates with a particular person but extends also to his descendants or successors. Lord de le Warre's Case, 6 Coke, la; Avegno v. Schmidt, 5 Sup.Ct. 487, 113 U.S. 293, 28 L.Ed. 976. Considered with special reference to the capacity to contract a marriage, disability is either canonical or civil; a disability of the former class makes the marriage voidable only, while the latter, in general, avoids it entirely. However, it has been held that, in the absence of statute, a court does not have jurisdiction to annul a marriage for a canonical disability. D. v. D., 2 Terry 263, 20 A.2d 139, 141. The term civil disability is also used as equivalent to legal disability, both these expressions meaning disabilities or disqualifications created by positive law, as distinguished from physical disabilities. Stieffel v. Valentine Sugars, 188 La. 1091, 179 So. 6, 15. A physical disability is a disability or incapacity caused by physical defect or infirmity, or bodily imperfection, or mental weakness or alienation; as, distinguished from civil disability, which relates to the civil status or condition of the person, and is imposed by the law.
Absence of competent physical, intellectual, or moral powers; impairment of earning capacity; loss of physical function that reduces efficiency; inability to work. Rorabaugh v. Great Eastern Casualty Co., 117 Wash. 7, 200 P.2d 587, 590.
Temporary Disability
Temporary, as distinguished from permanent, disability is a condition that exists until the injured employee is as far restored as the permanent character of the injuries will permit. Consolidated Coal Co. of St. Louis v. Industrial Commission, 311 Ill. 61, 142 N.E. 498, 500.
Total Disability
Total disability to follow insured's usual occupation arises where he is incapacitated from performing any substantial part of his ordinary duties, though still able to perform a few minor duties and be present at his place of business. Fidelity & Casualty Co. of New York v. Bynum, 221 Ky. 450, 298 S.W. 1080, 1082. "Total disability" within an accident policy does not mean absolute physical disability to transact any business pertaining to insured's occupation, but disability from performing substantial and material duties connected with it. Jacobs v. Loyal Protective Ins. Co., 97 Vt. 516, 124 A. 848, 852; Brown v. Missouri State Life Ins. Co., 136 S.C. 90, 134 S.E. 224-225. The term may also apply to any impairment of mind or body rendering it impossible for insured to follow continuously a substantially gainful occupation without seriously impairing his health, the disability being permanent when of such nature as to render it reasonably certain to continue throughout the lifetime of insured. Starnes v. U. S., D.C.Tex., 13 F.2d 212, 213. See, also, Wholly Disabled.
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That's the definition of DISABILITY in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.