South Florida Injured Workers Eligible for Permanent and Total Disability
The Florida Legislature radically reformed the workers' compensation law beginning October 2003. One of the most significant changes was the legal standard for proving that an injured worker could not return to work for life. This concept is called permanent and total disability. Specifically, the law was changed to deny permanent and total disability benefits to any worker physically capable of sedentary employment. This standard has made it so difficult to prove permanent and total disability, that only 33 cases have been successfully litigated since the law was changed!
Fortunately, the appellate courts have stepped in to give some relief to seriously injured workers. Two cases, Walmart v. Thompson and Ferrell Gas v. Childusers, have eased the burden. The judges reasoned that in addition to physical restrictions, the Judge of Compensation Claims can consider vocational testimony. That is, the Court can look at the aptitude, education, job experience and other measurements of an injured workers' ability to find and keep employment. Even if a worker could theoretically perform sedentary work, that doesn't mean that the injured could find, perform or keep such a job.
Randy Zeldin, workers' compensation attorney represents permanent and total disability cases in Boca Raton, Delray Beach, Deerfield Beach, Pompano Beach and throughout Palm Beach and Broward Counties.
