Did Inability to be Retrained Render 58-year-old Construction Worker Permanently Disabled?

What Do You Think?

Workers’ compensation judges may consider a variety of factors when determining whether a claimant is permanently disabled. A case involving a worker injured operating a front-end loader highlights the type of factors that come into play. In Louisiana, those factors should also dictate whether or how an employer decides to challenge a WCJ's finding.

The 58-year-old claimant was injured when the front-end loader she was operating struck concrete and jolted her, injuring her back. She initially received temporary total disability benefits. Later, she sought permanent benefits, saying her back pain had increased such that she could not work at all.

At the hearing, the WCJ considered expert testimony that the claimant could no longer work. The expert pointed to her age. He also explained that her back pain radiated to her legs and hindered her from sitting, standing, or concentrating. He also pointed to her limited education and indicated that her intellectual capacity was such that she could not be retrained to learn another job. The WCJ awarded her permanent total disability benefits.

The company argued that the WCJ’s decision should be reversed because he considered factors that were irrelevant.

A claimant who seeks permanent total disability benefits must prove she is physically unable to engage in any employment or self-employment, regardless of the nature or character of the work.

Was the claimant totally disabled?

A. Yes. The combination of her age and physical and mental limitations indicated she could not do any job.

B. No. The fact that she would not be retrained wasn't an appropriate basis for finding she was permanently disabled.

If you selected A, you agreed with the court in Ebarb v. Boise Cascade Co., No. 25-464 (La. Ct. App. 02/19/26), which affirmed the WCJ.

In Louisiana, when determining whether an employee is totally disabled, it is appropriate for judges to consider an employee’s inability to be educated or retrained. Lack of education alone is not enough, but it may be significant when combined with a claimant’s inability to be educated and other factors. Thus, a claimant’s limited intellectual capacity and physical limitations caused by the injury are relevant in determining total disability. 

Here, the claimant was 58 years old, with back pain radiating to her legs. That pain limited her ability to sit, stand, walk, and concentrate. “[S]he is limited to sedentary work, but she does not have the necessary skills to perform sedentary work or the mental capacity to be retrained to do so,” the court said. Importantly, the employer didn’t produce any evidence to contradict that evidence.

The court affirmed the WCJ’s finding that she was permanently, totally disabled.

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