Starting from October 1, 2003, the main issue in permanent total disability (PTD) cases will be whether the employer can prove that the employee can physically do at least sedentary work within 50 miles of their home. Sedentary work means jobs that require sitting and not much physical effort. This will lead to arguments about whether the employee can do this kind of work. In my opinion, this process will need a very thorough understanding of the employee’s medical limits and how it affects their ability to work. This article is meant to help Florida workers’ compensation lawyers understand the new rules about sedentary work. From 1979 to 1993, if someone lost both hands, both arms, both legs, or both eyes, or any two of these, or became paraplegic or quadriplegic, and couldn’t prove they could earn enough money, they could get permanent total disability (PTD) benefits in Florida. In other cases, it was determined based on the individual situation, like their age, education, and work history.
From 1994 to 2003, only people with really bad injuries could get PTD benefits â like severe paralysis, amputation, severe brain injury, severe burns, total blindness, or any injury that would qualify for federal disability benefits. If you get hurt at work and can’t ever work again, you can get paid 66 2/3 percent of your average weekly wage. You can only get this if you are not able to do even a desk job. If you have really severe injuries like paralysis, amputations, severe burns, or total blindness, you are automatically considered permanently and totally disabled. For other injuries, you have to prove that you can’t do any kind of work near where you live. You can get these payments until you turn 75, unless you can’t get Social Security benefits because of your injury. If you are over 70 when you get hurt, you can only get payments for up to five years. Only really bad injuries or total inability to work will qualify you for these benefits. Physical demands and strength ratings are used to determine the physical requirements of different jobs. The physical demands include lifting/carrying, pushing/pulling, standing/walking, and sitting. These activities have to be evaluated to determine if a person can do sedentary work, which is work that involves mostly sitting. Lifting, pushing, and pulling are evaluated based on how heavy the objects are and how long the person has to do it. Carrying is evaluated based on how long and how far a person has to carry something. Controls, like buttons and levers, are also considered when evaluating physical demands. Strength ratings for different occupations are based on the physical effort and force a worker needs to exert. The ratings range from very heavy work, which requires exerting over 100 pounds of force, to light work, which requires exerting up to 20 pounds of force. The rating depends on how often and how much force is needed to move objects. Jobs that involve more walking, standing, or pushing and pulling are rated as higher strength. Sedentary work involves sitting most of the time, with occasional standing and walking. The ability to perform sedentary work includes lifting up to 10 pounds and doing other tasks like filing and using small tools. It also involves nonexertional activities like balancing and following simple instructions. If someoneâs physical or nonphysical abilities limit their ability to do all parts of sedentary work, they may not be able to do any sedentary jobs. Exertional capacity looks at a person’s physical strength and their ability to do things like sitting, standing, walking, lifting, carrying, pushing, and pulling. Nonexertional capacity is about other work-related limitations, like mental abilities, vision, hearing, and environmental restrictions. The type and extent of these limitations determine if someone can adjust to other work. To figure out if someone can do sedentary work, their abilities and limitations need to be evaluated. This helps determine what kind of sedentary jobs they can do and if they need a vocational expert to help. If someone can’t lift or carry at least 10 pounds, or stand and walk for at least two hours in an eight-hour day, or sit for at least six hours in an eight-hour day, they may not be able to do certain types of office jobs. But if they can do these things to some extent, they may still be able to do these jobs. Restrictions on pushing or pulling usually won’t affect the ability to do these jobs. If someone needs to sit and stand at work, they may have trouble doing certain types of jobs. The extent of the problem depends on how often they need to stand and for how long. If someone needs a device to help them walk, their ability to do certain types of jobs may also be affected. This depends on how often they need the device and what activities they need it for. If someone has limitations in their ability to balance, manipulate objects with their hands, or see small objects or hazards in the workplace, it could make it difficult for them to do many sedentary jobs. This could impact their ability to work and earn a living. If you can do basic communication, can work in a normal, not-too-noisy place, and can handle simple mental tasks, you can do unskilled desk work. If you can’t do these things, it will be harder to find a job sitting at a desk. In order to properly assess workersâ compensation cases in Florida, it is important for practitioners to understand the physical demands and limitations of sedentary work. This article provides a basic analysis of these factors, which can help practitioners evaluate whether an employeeâs ability to perform sedentary work has been affected. Along with vocational expert guidance, this article can assist practitioners in determining if the ability to perform unskilled sedentary work has been significantly impacted.
Source: https://www.floridabar.org/the-florida-bar-journal/the-new-permanent-total-disability-standard-in-florida-workers-compensation-cases-a-framework-for-evaluating-capability-to-engage-in-sedentary-employment/
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