Utah Subscriber

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The “odd lot doctrine” allows the finding of permanent total disability when a relatively small percentage of impairment caused by a work-related accident is combined with other factors to render a claimant unable to obtain employment. Some of the other factors to be considered are the age, education, and mental capacity of the claimant, as well as the claimant's ability to be trained. If a workers compensation board, after hearing the facts of the case, decides that the employee cannot obtain work because those factors really preclude it, then permanent total disability can be granted.

The employee has the burden of proving his odd lot status, but once he has established the fact, the burden shifts to the employer to demonstrate that some kind of suitable work is available to the claimant. In the case of your client, the inability to find work for the injured employee does make a strong argument for the odd lot doctrine to prevail. Due to his apparent lack of trainability, the employee probably cannot obtain regular employment or sell his services in the competitive labor market of today, and so, can be considered totally disabled. The employee does not have to be completely physically disabled under the odd lot doctrine.