(otherwise known as a "PPD") There is no need to perform a “good faith, diligent” search for work, or obtain work
even if this means accepting a lower-paying job, the worker may no longer be entitled to draw weekly Workers’ Compensation benefit
checks under New York law. Medical benefits will still be available if the Permanently Partially Disabled worker fails to look for
work, but wage replacement benefits may not be available if the insurance carrier raises issues, such as attachment to the labor market
or "voluntary removal" from the labor market. For more on this difficult subject, please see our Work-Search page.
Permanent Total Disability
Some Permanent Disabilities are Total. This means the worker retains absolutely no capacity to continue working (not even on a part-time
or “limited duty” basis). Because the worker with a Permanent Total Disability arising solely as a result of a work-related injury or
occupational disease retains no physical capacity to perform useful work, such a Totally Disabled individual is relieved of his/her legal
duty to perform the otherwise mandatory Work-Search. Thus, both medical benefits and wage replacement benefits will continue for life for
the Permanently Totally Disabled worker, and any Totally Disabled worker need not look for work in order to continue drawing all benefits
to which he/she has been previously found entitled.
Total Industrial Disability
Download this document if you are seeking Total Industrial Disability with your doctor.
Unfortunately, many unrepresented claimants do not get good legal advice, and as a result, do not sufficiently understand the legal standards
pertaining to Permanent Disability status. Very often a worker may suffer a severe disability related primarily to pain, and often that pain strikes
whenever the injured person attempts to do anything significant or perform any more-than-minimal exertion. Often, such terribly-disabled workers cannot
conceive of working while under this condition, and yet the law may only find a Permanent Partial Disability in that worker’s claim. At once the worker
is legally required to look for work (or potentially suffer the loss of benefits), and yet the worker cannot possibly conceive of performing in the
competitive labor marketplace.