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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.