William O. Douglas

“ If, however, a worker's employment history separately qualifies him for dual coverage, supplemental payments under neither of these Acts results in an offset of social security disability payments. HEW publication, Social Security Programs in the United States 46, 108 (1968) (hereinafter cited as Programs) .↑ Participation in West Virginia's state workmen's compensation fund is optional with the employer. W.Va.Code Ann. §§ 23-2-1, 23-2-8 (1970) . An employer who declines to participate, however, must provide equivalent benefits through private insurance or as a self-insurer. ”

“ Over 26,000,000 employees are covered by some sort of private insurance program. Programs 115. In 1967, disability benefits from private insurance amounted to 1.3 billion dollars. Economics of Disability 278. This figure alone exceeded the total of all benefits paid by workmen's compensation programs for that year. Ibid.↑ Were Mr. Belcher's employer large enough, it might have determined to become a self-insurer with respect to employee disability claims. Disability payments from self-insurers were required by state law to be at least equivalent to benefits available through the state fund, n. ”

“ Hearings on H.R. 6675, before the Senate Committee on Finance, 89th Cong., 1st Sess., pt. 1, p. 152.↑ Survey, Table 5.↑ Ibid.↑ Ibid.↑ Assuming the rationality of rehabilitation as a goal with respect to temporary disabilities, there is still no justification for applying an offset with respect to disabilities concededly permanent in nature. ”