Receipt of Unemployment Benefits May Prevent Employee from Being Deemed PTD

The Alabama Court of Civil Appeals further addressed judicial estoppel as it relates to an employee receiving unemployment benefits and being deemed permanently and totally disabled. CVS/Caremark Corp. v. Washington, 121 So. 3d 391 (Ala. Civ. App. 2013). In order to receive unemployment benefits, the employee must be physically and mentally able to perform work he/she is qualified to do based on past experience and training. Ala. Code §25-4-77(a)(3). In order to be deemed permanently and totally disabled in workers’ compensation, the employee’s disability must p...