Alabama Workers' Comp Blawg

  • 19
  • Feb
  • 2026

Alabama Court of Civil Appeals Reverses Lifetime Aspect of PTD Verdict

 

On February 13, 2026, The Alabama Court of Civil Appeals released its opinion in the matter styled Professional Education Services Group, LLC (“PESG”) v. Richard A. Ford., wherein it affirmed a PTD verdict, in part. The case revolved around Ford’s claim that he sustained a left shoulder injury during his employment with PESG, which rendered him unable to return to his previous work or find other gainful employment. ​

 

Ford, a former HVAC mechanic, suffered a shoulder injury in June 2019 after tripping and falling at work. ​ Following surgery and treatment, he was assigned sedentary work restrictions, which were incompatible with his previous career in heavy-duty HVAC work. ​ A vocational expert concluded that Ford had a 100% vocational disability and was incapable of obtaining or maintaining competitive employment. ​ The trial court determined that Ford was permanently and totally disabled due to his shoulder injury, not his unrelated heart condition. ​ The court awarded Ford compensation for the remainder of his natural life. ​

 

PESG appealed the judgment, arguing that the evidence was insufficient to support the finding of permanent total disability. ​ PESG claimed that no medical or expert testimony explicitly stated Ford was incapable of gainful employment and that his heart condition, not his shoulder injury, was the cause of his disability. ​

 

The Court of Appeals affirmed the trial court’s finding that Ford was permanently and totally disabled due to his shoulder injury. ​ The court noted that Ford’s testimony about his pain and inability to work, combined with the vocational and medical evidence, constituted substantial evidence to support the trial court’s decision. ​ However, the portion of the judgment that awarded Ford PTD for the remainder of his natural life was reversed. As the Court pointed out, compensation for PTD is limited to the duration of the disability, not the employee’s lifetime. ​

 

​My Two Cents:

 

Even with its opinion being release the day before Valentines Day, the Court refused to give much credence to matters of the heart.

 

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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