Herlickman
Herlickman v. Saul
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BARRY H., Case No.: 3:19-cv-2446-AGS Plaintiff, ORDER ON SUMMARY-JUDGMENT
MOTIONS (ECF 15 & 18)
v. Andrew M. SAUL, Commissioner of Social Security,
Defendant. 9 This case turns on the meaning of “hazards.” A judge denied plaintiff’s Social Security disability-benefits application, concluding that he could still work as an electronics technician, but that he must avoid “hazards . . . such as unprotected heights and/or dangerous machinery.” But the Labor Department defines “hazards” as including “electrical shock,” and plaintiff argues that he cannot resume his electronics trade without encountering that danger. The government responds that the judge merely restricted plaintiff from certain hazards: “unprotected heights and/or dangerous machinery.” This Court must decide which reading prevails. BACKGROUND In 1989 and 2001, plaintiff Barry H. was involved in accidents that left him with…