§ 88.139. Residual disability.
Residual disability shall be defined in relation to the individual’s reduction in earnings and may be related either to the inability to perform some part of the ‘‘major,’’ ‘‘important,’’ or ‘‘essential duties’’ of employment or occupation, or to the inability to perform all usual business duties for as long as is usually required. A policy which provides for residual disability benefits may require a qualification period, during which the insured must be continuously totally disabled before residual disability benefits are payable. The qualification period for residual benefits may be longer than the elimination period for total disability. In lieu of the term ‘‘residual disability,’’ the insurer may use ‘‘proportionate disability’’ or other term of similar import which in the opinion of the Commissioner adequately and fairly describes the benefit.
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