Professional Education Services Group, LLC v. Richard A. Ford, [CL-2025-0215] __ So. 3d __ (Ala. Civ. App. Feb. 13, 2026). The Alabama Court of Civil Appeals (Bowden, J.; Moore, P.J., and Edwards, Hanson, and Fridy, JJ., concur) affirms in part and reverses in part the Madison Circuit Court’s judgment, holding that a permanent total disability finding was supported but that compensation for “the remainder of [the injured person’s] natural life” was improper.
The employee, Richard Ford, sustained a work-related shoulder injury during the course and scope of his employment with Professional Education Services Group (“PESG”) that limited him to sedentary work, despite a lifetime of heavy labor. Ms. *4-6. The circuit court found him permanently and totally disabled, relying on medical restrictions, a vocational expert’s opinion that he was unemployable, and Ford’s own testimony regarding persistent pain and functional limitations. Ms. *4-6, 8-9, 14-16. The circuit court also awarded Ford compensation for “the remainder of [his] natural life.” Ms. *3. The employer argued that the evidence was insufficient, particularly in the absence of definitive medical testimony establishing total unemployability. Ms. *11-12.
On appeal, the Court of Civil Appeals affirmed the disability determination, holding that substantial evidence supported the trial court’s finding. Ms. *20-21. The court emphasized that permanent total disability may be established through the totality of the evidence, including vocational expert opinions and credible subjective complaints of pain, and does not require explicit medical testimony that the employee cannot work. Ms. *11-12, 13-14, 15-16. The court distinguished prior precedent and found that Ford’s work restrictions, lack of transferable skills, and ongoing pain provided a sufficient basis for concluding that he could not obtain gainful employment. Ms. *14-16. The court also rejected arguments that unrelated health conditions or minor factual errors undermined the judgment, finding any such errors harmless. Ms. *17-18.
However, the court reversed the portion of the judgment awarding benefits “for the remainder of [Ford’s] natural life.” Ms. *19-20. Under Alabama law, permanent total disability benefits are payable only for the duration of the disability, not for a fixed lifetime period. Ms. *20. Accordingly, the court affirmed the finding of permanent total disability but reversed and remanded for correction of the improper lifetime award. Ms. *21.