Definition of Permanently and Totally Disabled - Workers Comp Tips and Info

Definition of Permanently and Totally Disabled

From the archives of the Law of Office O'Toole & Sbarbaro, P.C.

Under applicable law, a claimant is permanently and totally disabled if she is “unable to earn any wages in the same or other employment.”  Section 8-40-201(16.5)(a), C.R.S., 2005; Christie v. Coors Transportation Co., 933 P.2d 1330 (Colo. 1997); Lobb v. Industrial Claim Appeals Office, 948 P.2d 115 (Colo. App. 1997).  The determination of whether the claimant is capable of earning wages is a factual determination to be made by the ALJ based upon consideration of a number of “human factors.”  Christie v. Coors Transportation Co., supra.  These factors include the claimant’s physical condition, mental ability, age, employment history, education, and the “availability of work” the claimant can perform.  Weld County School District RE-12 v. Bymer, 955 P.2d 550 (Colo. 1998).

Contact Neil O'Toole and John Sbarbaro

at the Law Office of O'Toole & Sbarbaro, P.C.

Phone: 303-595-4777

Located in the Denver Metro area.

226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

Privacy Policy