## Facts

- Silton Turner, a 20-year-old sawhand for a logging contractor, performed heavy manual labor, including using a power saw and riding on a log skidder.
- Turner suffered a work accident on February 22, 1977, when a skidder blade pinned his right foot against the radiator, fracturing multiple bones.
- After treatment and two surgeries, Turner was released with a residual 30–40% disability of the right foot, limiting standing, walking, and heavy labor.
- Turner also had severe intellectual limitations, and his work history was essentially limited to unskilled logging work.
- The insurer paid workers’ compensation benefits until Turner’s orthopedist advised he could attempt returning to work on a trial basis; benefits were then terminated.
- Turner sued seeking permanent total disability benefits.

## Issues

1. Whether Turner was “unable to engage in any gainful occupation for wages” under La. R.S. 23:1221(2) such that he qualified for permanent total disability benefits.
2. Whether, under the odd-lot doctrine, Turner’s physical impairment and intellectual limitations established a prima facie case of total disability that shifted to the insurer the burden to prove actual suitable job availability in his locality.

## Decision

- The Louisiana Supreme Court reversed the trial court and court of appeal.
- The Court rejected the view that a claimant is not totally disabled if he can perform “some type” of work in the abstract.
- Applying the odd-lot doctrine, the Court held Turner made a prima facie showing that he was effectively unemployable in a reasonably stable job market given his combined physical and mental limitations and narrow work background.
- The Court remanded to allow the insurer a fuller opportunity to rebut the prima facie showing by proving an actual job within Turner’s capabilities in his general locality for which he had a reasonable chance of being hired.

## Legal Principles

- Total permanent disability under La. R.S. 23:1221(2) is assessed by real employability, not theoretical ability to perform isolated tasks.
- Under the odd-lot doctrine, a worker may be totally disabled if, considering physical/mental limits, age, education, training, and experience, he is not realistically employable in a reasonably stable job market.
- A claimant who makes a prima facie odd-lot showing shifts the burden to the employer/insurer to prove the existence of an actual, reasonably obtainable job within the claimant’s capabilities in the claimant’s general locality.
- Evidence that the claimant can attempt work or perform light duties does not defeat total disability without proof of actual suitable employment opportunity.

## Conclusion

The court held that Turner’s combined foot impairment and severe intellectual limitations placed him within the odd-lot category, making him prima facie permanently and totally disabled; it reversed and remanded for the insurer to attempt to rebut that showing with proof of an actual suitable local job opportunity.


Turner v. Am. Mut. Ins. Co., 390 So. 2d 1330 (La. 1980)