Sentences with phrase «substantial impairment of»

As used in this subparagraph (IV), «emotional abuse» means an identifiable and substantial impairment of the child's intellectual or psychological functioning or development or a substantial risk of impairment of the child's intellectual or psychological functioning or development.

A: The ADA defines a disability as substantial impairment of a major life activity.

Limiting clinical investigations to women who are at risk of transmitting a serious mtDNA disease, where the mutation's pathogenicity is undisputed, and the clinical presentation of the disease is predicted to be severe, as characterized by early mortality or substantial impairment of basic functions; and

A disability is a substantial impairment of a major life function.

A disability is a substantial impairment of a major life function (such as breathing or eating in the case of severe food allergies).

Not exact matches

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

The Pennsylvania Abortion Control Act provides that unless a physician can establish that he «reasonably believes» an unborn child is younger than 24 weeks, or, if the child is older, he can establish that continuing the pregnancy will result in either the death of the mother or «the substantial and irreversible impairment of a major bodily function,» the physician can not perform a late - term abortion.

They may be aware of the greater risk for mood disorders such as depression and anxiety associated with sleep loss; the substantial impairment in cognitive abilities such as sustained attention, short - term memory, information processing, and school performance; or the increased risk for motor vehicle accidents that accompanies lack of sleep.

The level of functional impairment among Mexican - Americans was substantial.

Writing in a linked Comment, Dr Daniel J Clauw, Chronic Pain and Fatigue Research Centre, the University of Michigan, USA, says: «The finding that graded exercise therapy is effective even when exercise is not being witnessed and directly guided by a physiotherapist is a substantial advance, since many patients with chronic fatigue syndrome and other functional impairment have difficulty getting to physiotherapy or do not have access to appropriately trained physiotherapists... In summary, findings from this pragmatic randomised controlled trial add to the evidence that straightforward, non-pharmacological therapies can be helpful in the management of symptoms such as fatigue in individuals with chronic fatigue syndrome.

In T2DM, the impairment of insulin sensitivity and insulin secretion is substantial and similar in both sexes.

Judge Young held that the city was contractually obligated to pay the employees their salaries, and that the furlough was a «substantial impairment» of the workers» contracts with the city.

Nevertheless, recent studies have begun to question whether incidental instruction through book reading may be substantial enough to significantly boost children's oral vocabulary development.19 Several meta - analyses, for example, have reported only small to moderate effects of book reading on vocabulary development.20 One group of researchers examined the added benefits of dialogic reading, an interactive reading strategy, on children's vocabulary growth and reported only modest gains for 2 - to 3 - year - olds.21 Further, these effects were reduced to negligible levels when children were 4 to 5 years old or when they were at risk for language and literacy impairments.

An individual may also be considered to be chronically ill if he / she needs substantial supervision to protect his / her health and safety because of a severe cognitive impairment.»

A few examples of cognitive impairments that may eventually require substantial supervision are Alzheimer's Disease, Parkinson's Disease and other such dementia.

Social Security defines disability as being unable «to engage in any substantial gainful activity (SGA) because of a medically - determinable physical or mental impairment (s) that is expected to result in death, or that has lasted or is expected to last for a continuous period of at least 12 months.»

Walsh warned shareholders and employees of the painful restructuring, cost reduction & rationalisation still to come, and then began systematically ticking each action item off his list: i) After one last kitchen sink loss in 2012 of EUR 116 million (mostly goodwill impairment), One51 actually recorded a net profit in 2013 for the first time in 7 years, ii) free cash flow increased from just EUR 1.1 million in 2011 to 15.4 million in 2013, iii) almost EUR 100 million was raised in two years from the sale of the plastic extrusion business, the disposal of stakes in Island Renewable Energy, Thirdforce, IFG, and (most significantly) Irish Continental Group, in addition to a substantial 2013 capital redemption from NTR, and iv) net debt (exc.

«Substantial bodily harm» means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member to a service animal or a pet or companSubstantial bodily harm» means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member to a service animal or a pet or compansubstantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member to a service animal or a pet or compansubstantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member to a service animal or a pet or companion animal.

«As sovereign trustees, Defendants have a duty to refrain from «substantial impairment» of these essential natural resources.»

Even though there was a settlement in this case, the agreed upon changes do not affect the content of the LSAT nor do they affect the procedures that individuals with visual impairments have to follow in a substantial way.

The employment judge cited the Equality Act 2010 definition of a disability which states that a person has a disability if they have a physical or mental impairment, and that impairment has a substantial and long - term adverse affect on their ability to carry out normal day - to - day activities.

The answer is yes, unless of course the Crown: engages in the high level of consultation and accommodation required for proven Aboriginal title; demonstrates a substantial and compelling legislative objective that furthers the goals of reconciliation from both the Aboriginal and broader public perspective; demonstrates that future generations of the community holding Aboriginal title will not be substantially deprived of the benefit of the land; and, shows that the incursion is necessary to achieve the government goals, has a minimal impairment and does not ask the Aboriginal title holders to bear disproportionate adverse impact.

Lord Hughes, giving the judgment of the Court, reviewed the authorities, emphasising that the question of substantial impairment required consideration of whether there had been a serious degree of impairment, and such degree was a matter for the jury.

The insurer shall pay up to $ 100 per week for reasonable and necessary additional expenses incurred by or on behalf of an insured person as a result of an accident for housekeeping and home maintenance services if, as a result of the accident, the insured person sustains a catastrophic impairment that results in a substantial inability to perform the housekeeping and home maintenance services that he or she normally performed before the accident.

This type of personal injury can involve a substantial risk of death, unconsciousness, extreme physical pain or trauma, or the impairment or loss of mental faculty.

This award was obtained on behalf of an injured worker who required a four level fusion in his back — a substantial impairment to his life.

i. provides caregiver benefits payable in the circumstances described in section 13 if, as a result of and within 104 weeks after the accident, the insured person suffers a substantial inability to engage in the caregiving activities in which he or she engaged at the time of the accident even if the impairment sustained by the insured person is not a catastrophic impairment, but not for any period longer than 104 weeks of disability unless, as a result of the accident, the insured person is suffering a complete inability to carry on a normal life, and

Where there is a substantial risk of impairment of representation, clients get to decide whether to accept that risk.

All of the definitions of catastrophic injuries under this section identify specific impairments that can result in substantial care needs, with the exception of s. 3 (2)(e),

Another important factor to bear in mind is that the analysis of whether an impairment has a substantial adverse effect on an employee's ability to undertake day to day tasks must be considered as if the employee is not in receipt of medical treatment.

The Chief Justice held that it was not impossible but that the laws so passed would have to abide the requirements imposed by s. 35: namely that a substantial and pressing objective is driving the Province to pass such legislation and that the impairment of the Aboriginal title is minimal and proportionate.

This type of injury can involve a substantial risk of death, unconsciousness, extreme physical pain or trauma, obvious disfigurement such as scarring, or the impairment or loss of a bodily member, organ, or mental faculty.

The Chief Justice also distinguished between a minimal impairment analysis which is relevant to challenges to laws and accommodation which is relevant to practices: «The government is entitled to justify the law, not by showing that it has accommodated the claimant, but by establishing that the measure is rationally connected to a pressing and substantial goal, minimally impairing of the right and proportionate in its effects.»

In matters involving another current client, lawyers should take care to consider not only whether the bright line rule applies but whether there is a substantial risk of impairment.

The section in the fit form which refers to «functional effects» may be of particular relevance for an employer who is trying to determine whether an absent employee has an impairment which has a substantial and long - term adverse effect on his / her ability to carry out normal day - to - day activities, ie whether he / she is «disabled» within the meaning of DDA 1995, s 1).

I presume that Lee would accept the «substantial risk of material impairment» standard that governs fiduciary relationships generally and not contend for some special rule that, intended or not, had the effect of protecting lawyers.

• The central issue raised by the Final Report of the Advisory Committee is whether a new rule of professional conduct should be adopted which would always require current client consent even if there is no real or no substantial risk of impairment of client representation.

The owner must provide written evidence from a licensed physician that the insured has been certified as; (1) Being unable to perform at least two activities of daily living for at least 90 days, as defined in the rider, or (2) Requiring substantial supervision due to severe cognitive impairment for at least 90 days, as defined in the rider.

Requires substantial supervision by another person to protect oneself from threats to health and safety due to Severe Cognitive Impairment, defined as deterioration or loss of intellectual capacity that is measured by clinical evidence and standardized tests, which reliably measure impaImpairment, defined as deterioration or loss of intellectual capacity that is measured by clinical evidence and standardized tests, which reliably measure impairmentimpairment in:

The Chronic Illness rider gives you the option to accelerate a portion of your death benefit early if you are certified by a physician as being unable to perform at least two ADLs or activities of daily living (bathing, continence, dressing, eating, toileting, transferring) or if you require substantial supervision due to severe cognitive impairment.

Provides an accelerated death benefit if the insured is certified by a physician within the last 12 months as unable to perform two of six Activities of Daily Living (ADLs) for 90 consecutive days, or requires substantial supervision to protect himself or herself from threats to health and safety due to severe cognitive impairment.

Becoming chronically ill means that the policyholder is not able to perform, without substantial assistance from another person for a period of at least 90 days, at least two out of the six activities of daily living or requires substantial supervision from another person, for a time period of at least 90 consecutive days, to protect the insured from threats to health and safety due to severe cognitive impairment.

Additional benefit riders should your health status change: With the Accelerated Death Benefit for Chronic Illness Rider, up to 50 % of the policy's death benefit ($ 500,000 maximum) can be accessed in advance if a licensed health care practitioner certifies during the prior 12 - month period that the insured is unable to perform at least two of six activities of daily living for a period of at least 90 days due to a loss of functional capacity, or has a severe cognitive impairment, requiring substantial supervision to ensure the health and safety of him or herself.

Are certified by a licensed health care practitioner, during the prior 12 - month period, as being unable to perform at least two of six activities of daily living for a period of at least 90 days due to a loss of functional capacity, or having a severe cognitive impairment, requiring substantial supervision to ensure your health and safety; and

[3] A person generally is chronically ill if the person (1) is unable to perform at least two activities of daily living, such as eating, using the toilet, bathing oneself, or dressing oneself; (2) requires substantial supervision to protect himself or herself from threats to health and safety due to severe cognitive impairment; or (3) has a level of disability similar to that described in (1) as determined by the U.S. Secretary of Health and Human Services.

With the Chronic Illness Rider, up to 50 % of the policy's death benefit ($ 500,000 maximum) can be accessed in advance if a licensed health care practitioner certifies during the prior 12 - month period that you are unable to perform at least two of six activities of daily living for a period of at least 90 days due to a loss of functional capacity, or have a severe cognitive impairment, requiring substantial supervision to ensure your health and safety.3, 4,5,6

To qualify for a chronic illness, you would need to be certified by a licensed health practitioner in the last 12 months with a qualifying illness or physical condition that would prevent you from performing at least two «Activities of Daily Living», without substantial assistance or requires substantial supervision from another person to protect the Insured Person from threats to health and safety due to cognitive impairment.

Either type of long - term care rider usually requires a doctor's certification that the insured is either unable to perform at least two out of the six basic activities of daily living (ADLs), which include eating, bathing, toileting, transferring, dressing and grooming, or has a substantial cognitive impairment.

Accelerated Access Solution is a chronic illness life insurance rider that provides income benefits if you are unable to perform 2 of 6 activities of daily living or have a cognitive impairment that threatens your health and well being requiring substantial supervision.

For example, Najman et al. (2000) suggest that: «Current maternal mental health impairment appears to have a substantial effect on the reporting of child behavior problems by the mother, thereby raising questions about the validity of reports of child behavior by persons who are currently emotionally distressed» (p. 253).