How To Prove Total Disability Under The Alabama Workers’ Compensation Law

In Wal-Mart Stores v. Kennedy, 799 So. 2d 188 (Ala. Civ. App. 2001), the Court of Civil Appeals of Alabama held that “[t]he inability to perform one's trade and to find gainful employment.” is the test for permanent total disability. In Michelin N. Am., Inc. v. Hamby, 722 So. 2d 770 (Ala. Civ. App. 1998) it was held that:

“The court must apply a two-pronged test in determining whether a permanent total disability exists: the employee must be found to be incapable of returning to his trade, as well as incapable of being retrained for gainful employment. Id. Total disability does not mean an entire physical disability or absolute helplessness.” Id, at 773.

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Published In: Civil Procedure Updates, Worker’s Compensation Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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