Permanent and total disability is defined as a physical, mental or functional impairment
or disease, or a combination thereof, of a continuing nature, for which no known remedy
is available or feasible, and which substantially precludes the individual from engaging
in a useful occupation, such as holding a job or homemaking, which would otherwise
be within his competence to perform. An explanation of the terms used in this definition
Permanent disability—refers to verifiable physiological, anatomical or emotional impairment
of major importance which is not likely to improve or which will probably continue
indefinitely. It is distinguished from a temporary condition from which recovery can
be expected. Any condition not likely to respond to known therapeutic procedures,
or likely to remain static or to become worse unless certain therapeutic measures
are carried out, is considered “permanent” if
treatment is unavailable to the individual,
treatment is inadvisable, or
the individual refuses treatment and there is a reasonable basis for such refusal.
Total disability — relates to the ability of the person, as revealed by the facts
in his particular situation, to perform those activities necessary to carrying out
specified responsibilities, such as those necessary to holding a job or home- making.
Factors taken into consideration, in addition to those verified through the medical
findings, are such things as the individual's age, training, education, skills and
work experience and whether work within his competence to perform exists in the community.