20 C.F.R. § 10.400
What is total disability?
(a) Permanent total disability is presumed to result from the loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes. 5 U.S.C. 8105(b). However, the presumption of permanent total disability as a result of such loss may be rebutted by evidence to the contrary, such as evidence of continued ability to work and to earn wages despite the loss.
(b) Temporary total disability is defined as the inability to return to the position held at the time of injury or earn equivalent wages, or to perform other gainful employment, due to the work-related injury. Except as presumed under paragraph (a) of this section, an employee's disability status is always considered temporary pending return to work.
Notes of Decisions
Cited in 2
cases, 1982–1990 · leading case: Ralph E. Baker v. Frank A. Barber, M.D., & James B. Talmage, M.D., 673 F.2d 147 (6th Cir. 1982).
Ralph E. Baker v. Frank A. Barber, M.D., & James B. Talmage, M.D., 673 F.2d 147 (6th Cir. 1982). “§ 8103 ; 20 C.F.R. § 10.400 (1981). Additional injuries caused by intervening negligent medical treatment appear also to be compensable under the FECA.”
Betty D. McCall v. United States, 901 F.2d 548 (6th Cir. 1990). “The court held that the suit was barred by the military medical malpractice immunity statute. In discussing FECA, the court noted: The FECA provides compensation for work related injuries, including medical services and expenses.”
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