In order to receive these benefits it must generally be shown that the employee is unable to return to work in any capacity, and that this is a permanent problem. On the other hand, there are rulings in many states to the effect that a worker who can perform only occasional, sporadic or undependable work, may still be deemed to be permanently totally disabled. Frequently a states’ workers’ compensation law permits the hearing officer to take into account a workers’ age, education, training and experience in making the determination of whether the worker is capable of substantial gainful employment.

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