Blake v. Merck & Co.

In this workers’ compensation case, Claimant seeks review of an order denying a claim for permanent total disability (PTD) benefits, attorney’s fees, and costs. We reverse because the Judge of Compen*883sation Claims (JCC) used an incorrect legal standard in denying PTD benefits.

The JCC denied the claim based on the erroneous assumption that, absent medical evidence of complete inability to work, a claimant is not entitled to PTD benefits without first performing a job search. The JCC stated in the final order:

The employee must establish that she is not able to engage in at least sedentary…