Allen v. Department of Labor & Industries

Petrie, C.J.—The

essential issue presented by this workmen’s compensation case is the sufficiency of an instruction defining the term “permanent total disability.” The jury was instructed in the language set forth in WPI 155.07, 1 with the exception that the court inserted between the second and third paragraphs of this standardized instruction,another brief paragraph, as follows:

If, ás a result of an industrial injury, a workman is able to perform only odd jobs, or special work not generally available, then he is totally disabled, unless you find that such a job is available and can be…