Filed Date: 1/29/1980
Status: Precedential
Modified Date: 7/5/2016
REQUESTED BY: Dear Senator Sieck:
This is in reply to your inquiry concerning the meaning of `physical disability' as used in section 1, line 6 of LB 525. The term is there used in the definition of `group homes' when one is `receiving therapy, training, or counseling for the purposes of adaptation to living with, or rehabilitation from physical disability. . . .'
Since the term `physical disability' is so broad it usually covers about any type of impairment to the body. For example, in the case of Quirk v. Electric Machinery ManufacturingCo.,
In Fuchs v. Old Line Life Insurance Co.,
We are of the opinion that, as used in LB 525, `physical disability' would apply to any type of physical impairment for which the person was receiving therapy, training or counseling for the purpose of adapting to live with such impairment. We are not convinced a court would construe it to include one suffering from drug or alcohol abuse; it would be safer to include those terms if you want them to be covered under `group homes.'
If you have any further questions in this regard, please contact us.