incapacity

Want of legal, physical, or intellectual capacity; want of power or ability to take or dispose; want of legal ability to act. Inefficiency; incompetency; lack of adequate power. The quality or state of being incapable, want of capacity, lack of physical or intellectual power, or of natural or legal qualification; inability, incapability, disability, incompetence. Bole v. Civil City of Ligonier, 130 Ind.App. 362, 161 N.E.2d 189, 194.

See also incompetency

- partial incapacity. Legal incapacity. This expression implies that the person in view has the right vested in him, but is prevented by some impediment from exercising it; as in the case of minors, committed persons, prisoners, etc.

See civil death

- minority.

@ total incapacity

In workers' compensation acts, such disqualification from performing the usual tasks of a worker that he or she cannot procure and retain employment. Incapacity for work is total not only so long as the injured employee is unable to do any work of any character, but also while he remains unable, as a result of his injury, either to resume his former occupation or to procure remunerative employment at a different occupation suitable to his impaired capacity. Such period of total incapacity may be followed by a period of partial incapacity, during which the injured employee is able both to procure and to perform work at some occupation suitable to his then-existing capacity, but less remunerative than the work in which he was engaged at the time of his injury. That situation constitutes "partial incapacity."

Synonymous with "total disability."

See disability

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