Proof: Burden of Proof: Permanent Total Disability

Weisgerber v. American Home Assurance Company [02/14/05] 2005 MTWCC 8 Upon termination of temporary total disability benefits, the insurer bears the burden of producing evidence showing that the claimant is not permanently totally disabled. As a part of that evidence it must identify jobs that are appropriate for the claimant and which have been medically approved by a physician taking into consideration any preexisting conditions and disabilities the claimant had at the time the occupational disease arose.