Alabama Workers' Comp Blawg

  • 25
  • Jul
  • 2026

Alabama Court Confirms PTD cannot be Ordered for Life of Claimant

 

On February 13, 2026, the Alabama Court of Civil Appeals issued its opinion in Professional Education Services Group, LLC v. Ford, delivering a mixed result that offers important guidance for both Claimants and Employers.

 

The Employer challenged the trial court's finding that the employee was permanently and totally disabled, arguing that no physician had ever testified the employee was incapable of all employment. The Court of Civil Appeals disagreed.

 

The employee had spent his career performing heavy industrial HVAC work before suffering a serious shoulder injury that ultimately limited him to sedentary work. Although no physician expressly stated that he could never work again, the record contained substantial vocational evidence that he had no transferable skills and was not employable in the competitive labor market. Coupled with the employee's testimony regarding his pain and limitations, the Court held that the evidence was sufficient to support the trial court's finding of permanent total disability.

 

The Employer also attacked the Functional Capacity Evaluation ("FCE"), arguing that it was unreliable because it contained evidence of inconsistent effort. The Court was unpersuaded. The treating physician adopted the FCE despite those concerns, and the trial court was free to assign whatever weight it believed the evaluation deserved. An imperfect FCE is not necessarily an unusable FCE.

 

The Employer also argued that the employee's disability was attributable, at least in part, to an unrelated heart condition. The Court found no reversible error because the trial court's disability determination was based on the shoulder injury, making any factual inaccuracies concerning the heart condition harmless.

 

Where the Employer did prevail was on the wording of the judgment itself. The trial court awarded permanent total disability benefits "for the remainder of the employee's natural life." The Court of Civil Appeals reversed that portion of the judgment, explaining that Alabama's Workers' Compensation Act does not authorize lifetime awards. Permanent total disability benefits continue only for so long as the employee remains permanently and totally disabled, meaning the duration of benefits is controlled by the statute and not by the employee's life expectancy.

 

About the Author:

 

This article was prepared by Mike Fish, an attorney with Fish Nelson & Holden, LLC, a law firm dedicated to representing self-insured employers, insurance carriers and funds, and third-party administrators in all matters related to workers’ compensation. Fish Nelson & Holden is a member of the National Workers’ Compensation Defense Network. If you have any questions about this article or Alabama workers’ compensation in general, please contact Fish by e-mailing him at mfish@fishnelson.com or by calling him directly at 205-332-1448.

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