Also known as: physical disabilities · physical impairment
Written by attorneys · grounded in primary & secondary sources — see below
An incapacity caused by a physical defect or infirmity that limits a person's ability to perform tasks or conform to an unmodified standard of conduct.
Portia Price, who has a physical disability that restricts her peripheral vision, backed a company SUV out of a narrow service bay at Paragon Construction. The maneuver pinned a coworker against another vehicle, producing sharp pain and swelling in the coworker's leg. Because of her physical disability the applicable standard of conduct was that of a reasonable person with the same visual limitation.
Philip Powell, who has a physical disability causing chronic arm weakness, lifted heavy boxes from a high shelf at Precision Tools. His grip failed and a box fell, striking a visitor and causing a broken bone. The physical disability required that his conduct be measured against the standard of a reasonable person possessing the same limitation.
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Paige Porter served as independent counsel until a documented physical disability prevented her from discharging her duties. The appointing authority removed her under the governing statute and appointed a successor. The removal triggered lifetime annuity benefits calculated from her years of service.
Pilar Pena was summoned for jury service in a high-profile trial but requested an excuse based on a physical disability that made prolonged sitting impossible. The court granted the hardship exemption after reviewing medical documentation. The excusal reduced the qualified jury pool without affecting the parties' peremptory challenges.
Paula Pierce, an employee at Progressive Healthcare, challenged a pension plan that required higher contributions from women because of statistically longer life expectancy. The Supreme Court held that the plan facially discriminated on the basis of sex rather than a neutral physical characteristic. The ruling required equal contribution rates for all employees regardless of sex-linked actuarial assumptions.
Phuong Pham, a service member, sought increased dependency benefits for a spouse. The military regulation classified the spouse under a spousal rather than a disability category. The Court struck down the classification as unconstitutional sex discrimination that could not be justified by administrative convenience.
The standard of conduct becomes that of a reasonable person who has the same physical disability. This adjustment accounts for objective limitations on sensory input and physical capability while still requiring the disabled person to act reasonably within those limits.
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No. Bodily harm exists whenever there is any physical impairment of the body or physical pain or illness. Temporary swelling, cuts, or pain satisfy the definition even if the effects resolve quickly without medical bills.
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Physical disability triggers an adjusted reasonable-person standard because the limitation is objectively observable and affects capabilities in predictable ways. Mental deficiency does not alter the standard. The actor remains liable for failure to meet the unmodified reasonable-person benchmark.
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…functions and powers of the Attorney General." The Attorney General may remove the independent counsel only for good cause, physical disability, mental incapacity, or any other condition that substantially impairs the performance of his duties. The Act also provides that the independent counsel shall be subject to congressional…