Permanent disability is the highest remedy that the Worker’s Compensation Act provides. Just like it sounds, it means that you are permanently disabled. You are not able to find a job, so it is not enough to say you have a permanent restriction or that you cannot return to your prior occupation.
According to Justia, permanent total disability means that you are incapable of working in any capacity. For that reason, it is a high burden to meet. It can be the best remedy for an injured worker because if you establish that you cannot work under the Worker’s Compensation Act, you could be entitled to 2/3 of your average weekly wage for a lifetime. So it is an extraordinary benefit, and it is by far the highest benefit which the Worker’s Compensation Act provides.
There is generally three ways to prove total permanent disability. The first is the medical evidence. If you have a doctor indicating that given the medical condition or the mental condition, you are not able to work in any capacity anywhere. That is incredibly essential evidence. Another reason is a diligent but ineffective job search. If you go out there trying to find a job and you are not able to, and you can prove that to an arbitrator, then that is relevant evidence.
Lastly and potentially, most importantly, there is a category called an odd lot. An odd lot means you might not technically, from a medical standpoint, be utterly disabled because you can do certain things within the labor market. But due to a variety of factors, such as your education level, your age and your inability to speak English, there is no steady labor market out there for your services. So you can qualify as an odd lot, meaning that even though you theoretically have a restriction that does not automatically preclude you from returning to work, you cannot find a job.