Workers Compensation
Permanent Total Disability
Section 8(f) of the Illinois workers compensation governs the establishment of permanent total disability benefits. An award of permanent total disability benefits is the second highest award in the state of Illinois to only a death case. Hence, the requirements are strict. The first type of permanent total disability is when the injured workers doctor states in writing that Petitioner is unemployable because of his or her injuries. The employer may dispute this conclusion and have the injured worker attend an IME. Depending on the opinions of the IME doctor it may be for the court system to sort out. The second type of permanent total disability is the "odd lot" category. An injured worker may be found to be totally disabled if he cannot perform any services except those for which no reasonably stable labor market exists. In determining employability for an injured worker, relevant factors include the injured workers age, training, education, and experience. It is acknowledged that the injured worker need not be reduced to total physical incapacity for a permanent total disability award to be granted. If the injured workers disability is limited in nature so that he is not obviously unemployable or if there is no medical evidence to support a claim of total disability, the burden is on the claimant to establish the unavailability of employment to a person in his circumstances, but once he has established them he falls in the "odd-lot" category, than the burden shifts to the employer to show that some kind of suitable work is regularly and continuously available to the injured worker. In order to substantiate a claim for an odd lot permanent total disability it is incumbent upon Petitioner to show that, considering his present condition in light of his age, experience, training and education, that he is permanently and totally disabled. These are the requirements for establishing the odd lot category of permanent total disability. If you have a serious work injury and believe you may be a candidate for permanent total disability benefits under either theory please contact Leonard Law Group for an immediate consultation.