Proof: Burden of Proof: Permanent Total Disability

Drivdahl v. Zurich Am. Ins. Co. [11/16/12] 2012 MTWCC 43 Although an injured worker ordinarily bears the burden of proving that he is entitled to the benefits he seeks, under § 39-71-609(2), MCA, the insurer bears the initial burden to produce evidence that the injured worker is not permanently totally disabled.  Where Respondent met its initial burden of proof by introducing approved job analyses into evidence, the burden then shifts back to Petitioner to prove that, notwithstanding the approved job analyses, he is entitled to PTD benefits.

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.