Q. If an injured worker has a catastrophic injury under Florida’s Workers’ Compensation Act and subsequently retires, does that mean the employee is not entitled to permanent total disability (PTD) workers’
A. The answer depends on whether the employer and the insurance carrier can conclusively prove that, even with this catastrophic injury, the employee still had a substantial earning capacity following the employee’s date of reaching maximum medical improvement.
Simply assuming that an employee’s retirement should terminate PTD benefits is a mistake. But if the employee conclusively still possesses a substantial earning capacity although retired, the PTD benefits can be stopped.
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