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We think the rule to be gathered from these cases is that where there is a practical destruction or material impairment of the value of plaintiff's lands, there is a taking which demands compensation; but otherwise where, as in this case, plaintiff is merely put to some extra expense in warding off the consequences of the overflow.
A well rehearsed binary between material impairment and social disability, (echoing the sex/gender distinction), has been replaced in some writings with an articulation of bodily (dis)abilities as an intertwined nature/culture of the kind articulated above.
The OSHA standards do require an employer to implement reductions in exposure recommended by a physician who determines an employee has a "detected medical condition" that places him or her at increased risk of "material impairment to health".
This exceeds the Occupational Safety and Health Administration's Significant Risk of Material Impairment of Health level of 1 death per 1000 per 45 years [ 27] by a factor of (45/40)(27 per 1000)/(1 per 1000) = 30-fold.
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It negotiated the right to walk away from the transaction should Riggs suffer a "material regulatory impairment" before the deal's close.
PNC maintains that it has protected itself contractually: it can walk away from the purchase if Riggs suffers a "material regulatory impairment" before the deal's close, expected in early 2005.
We also found 12 high-noise exposed workers withigh-noise exposed impairment defined by the U.S. Occupational Safety and Health Administration (OSHA 1981), workerss an average hearing threshold level (HTL) of 25 dB at 1,000, 2,000, and 3,000 Hz.
American Petroleum Institute (448 US 607, 1980), the Court held that the Occupational Health and Safety Administration (OSHA) had the burden of showing that it is at least more likely than not (greater than 50% evidence) that long-term exposure to 10 ppm of benzene presents a significant risk of material health impairment.
Each of the Companion's essays models how to read for disability as what Ellen Samuels calls "actual realities" and considers how representations of the lived, material experience of impairment challenge conventional literary forms and their accompanying modes of analysis (qtd. in Companion 10).
In patients with refractory temporal lobe epilepsy, evaluation of preoperative verbal and visual memory function is important as anterior temporal lobe resections may result in material specific memory impairment, typically verbal memory decline following left and visual memory decline after right anterior temporal lobe resection.
Impair, impairment.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com