Employees who sustain loss of vision in both eyes, loss of both arms at the shoulder, loss of both legs close to the hips, complete and permanent paralysis or total and permanent loss of mental faculties are statutorily permanently and totally disabled. Even if an employee who suffers one of these injuries returns to work, you are obligated to continue payment of PTD benefits. The benefits paid by the government disability program must be as a result of the injuries sustained in the workers' compensation injury. For example, an injured employee is receiving Social Security disability benefits as a result of back problems due to a work injury and VA disability benefits due to a knee injury occurring prior to the work injury, only the Social Security benefits can be used to reduce the weekly PTD benefits. Additional conditions, other than the statutory ones noted above, can result in the payment of PTD if the employee is not able to work at all or is only able to secure sporadic employment resulting in an insubstantial wage.
Benefits are payable during the lifetime of the injured employee.
PTD benefits end at age 67, when the employee is presumed to be retired. The employee can rebut the presumption of retirement. Must have a 15 percent PPD rating of the whole body and be at least 50 years old at the time of the injury. Must have a 13 percent PPD rating, be at least 55 years old at the time of the injury, and have not completed the 12th grade or obtained a GED certificate.