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ex2-3 denise

Denise was a right-handed surgeon before an automobile accident resulted in the amputation of her right arm. Eighty-five percent of Denise's occupational efforts were spent performing surgery, therefore, surgery represented the substantial and material duties of her regular occupation—which she could no longer perform after the accident. Under this own occupation definition, Denise is considered totally disabled and eligible for disability benefits even though she is able to generate income by other means. After completing rehabilitative therapy that allows her to perform many functions with her left arm, Denise can still examine and diagnose patients. In fact, with no additional training, she can probably earn income through consultation and performing other valuable services in the medical field. Nevertheless, because she can no longer perform the primary duties that generated income before the injury, she will receive the full monthly disability benefits for the length of the benefit period.