By Steven Edelman 314-631-6777
There are two types of Missouri workers’ compensation cases:
- Permanent Partial Disability (PPD): A PPD case is one where the injured worker is able to return to work. The injured work may not be able to return to their old job due to the work injury, but they are still able to work a different job, whether in a different field or less strenuous position in the same area of work. This type of case is called a permanent partial disability or PPD case. Again, the injured worked is still able to work. Examples of PPD cases are many and can involve any type of injury. A PPD workers’ compensation case is different from a permanent total disability (PTD) case, where the injured worker can not return to work. The courts have defined permanent partial disability (PPD) as: A “permanent partial disability” is “a disability that is permanent in nature and partial in degree.” Cantrell v. Baldwin Transp. Inc. , 296 S.W.3d 17, 20 (Mo. App. 2009). “The level of permanent partial disability associated with an injury cannot be determined until the injury ‘reaches a point where it will no longer improve with medical treatment’ or, in other words, reaches maximum medical improvement.” Id . (quoting Cardwell v. Treasurer of State of Mo. , 249 S.W.3d 902, 910 (Mo.App.2008) ).
- Permanent and Total Disability (PTD): In a PTD case, the injured worker is so injured that they can not return to their old job to work, nor can they work any other type of job due to their work injury. These types of cases are called PTD cases for short. The courts have defined PTD as the ‘inability to return to any employment and not merely [the] inability to return to the employment in which the employee was engaged at the time of the accident.’ RSMO 287.020.6, See Harris v. Ralls County, 588 S.W.3d 579 (Mo. App. E.D. 2019). ‘Any employee is permanently and totally disabled if no employer in the usual course of business would reasonably be expected to employ the employee in his or her present physical condition.’ Id. The burden is on the claimant to establish that he is permanently and totally disabled. Id. “Whether a claimant is permanently and totally disabled is a factual question, not a legal question. Id.
If you’ve been injured at work, then please immediately contact our law firm, and one of our skilled attorneys will be happy to discuss your rights and benefits under workers’ compensation law. Call us for a free consultation: 314-631-6777
Steven Edelman, Attorney