A worker in Utah was found to have sustained partial temporarily disability even though he went back to work. In Utah most injured workers who can return to work full-time cannot be considered to have sustained permanent total disability. However, a state appellate court held that in this case the worker had sustained a catastrophic work-related injury involving the loss of limbs or eyes, so the return to work issue was irrelevant and he was entitled to full benefits.

The employee was part of a team working on electrical power lines and sustained serious injuries when high voltage electricity arched through his body and exited through both feet. He had both feet amputated and also suffered serious burns and other health issues like sleep apnea and tinnitus.

He was able to return to work on a part-time basis almost a year later, though not in the same capacity he was before. A few months later he resumed full-time work as a safety officer and continued in that job with the employer until he was laid off for unrelated reasons. Some time later he found similar work as a safety professional at an electrical engineering company though the work was inconsistent, and wages and benefits were project-dependent. He did earn a weekly wage that was higher than the wage he had previously earned.

After being laid off he filed a claim for PTD benefits stemming from the loss of both feet, saying he was entitled to continuing benefits from the day of his accident for the rest of his life even though he had gone back to work as a safety manager. His employer said that though he met the criteria for PTD given the amputation of both his feet and should receive benefits for the time during which he was fully or partially unable to work, he should not receive PTD benefits once he demonstrated he was capable of full-time employment.

An Administrative Law Judge found that his injury created a presumptive finding that he was permanent and totally disabled but the presumption was rebutted by his return to work. The ALJ determined his employer was not obligated to pay benefits during the periods he was employed again.

The Commission reversed this decision, determining he was entitled to PTD benefits starting with the date of the accident and continuing for the rest of his life. If a worker could not establish that they were eligible for PTD benefits using the six-step process in Utah’s workers’ comp statute (which he could not because he was able to work full-time), they can establish they are eligible by showing the existence of an injury listed in Utah Code Ann. 34A-2-413(9), which he could.

Read more here.