{"data":{"id":"us/28-cfr-32.23","jurisdiction":"us","citation":"28 CFR 32.23","heading":"Definitions.","body":"Direct result of an injury—A disability results directly from an injury if the injury is a substantial factor in bringing the disability about.\nGainful work means full-or part-time activity that actually is compensated or commonly is compensated.\nMedical certainty—A fact exists to a degree of medical certainty, when, pursuant to a medical assessment, the fact is demonstrated by convincing evidence.\nPermanently disabled—An individual is permanently disabled only if there is a degree of medical certainty (given the current state of medicine in the United States) that his disabled condition—\n(1) Will progressively deteriorate or remain constant, over his expected lifetime; or\n(2) Otherwise has reached maximum medical improvement.\nProduct of an injury—Permanent and total disability is produced by a catastrophic injury suffered as a direct and proximate result of a personal injury if the disability is a direct result of the personal injury.\nResidual functional capacity means that which an individual still is capable of doing, as shown by medical (and, as appropriate, vocational) assessment, despite a disability.\nTotally disabled—An individual is totally disabled only if there is a degree of medical certainty (given the current state of medicine in the United States) that his residual functional capacity is such that he cannot perform any gainful work.","path":["Title 28—Judicial Administration","CHAPTER I—DEPARTMENT OF JUSTICE","PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS","Subpart C—Disability Benefit Claims"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-28.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:14Z","sha256":"0c9dae4df3d8f95bbd01c4f44d3475e6568e1a577c82a088ea55d35c46799c5d","source_id":"us-cfr","stale":true,"prev":"us/28-cfr-32.22","next":"us/28-cfr-32.24"},"notice":"GroundRules: Original legal text. Not legal advice."}