An injured employee can establish entitlement to PTD benefits under the Act in one of three ways, namely: (1) by a preponderance of medical evidence; (2) by showing a diligent but unsuccessful job search; or (3) by demonstrating that, because of his age, training, education, experience, and condition, there are no jobs available for a person in his circumstances. Federal Marine Terminals, Inc. v. Illinois Workers' Compensation Comm'n, 371 Ill. App. 3d 1117, 1129 (2007). When the claimant cannot establish entitlement to PTD benefits by a preponderance of medical evidence, but instead relies upon establishing unavailability of employment, the claim is referred to as an "odd-lot" claim.

¶ 51 The Commission's resolution of a factual issue will not be set aside on review unless it is against the manifest weight of the evidence. Fed. Marine Terminals, Inc. v. Illinois Workers' Compensation Comm'n (Buza), 371 Ill.App.3d 1117, 1118 (2007).

¶ 36 The Commission found that claimant had proved he was permanently and totally disabled based on both the medical evidence and an odd-lot theory. See Federal Marine Terminals, Inc. v. Illinois Workers' Compensation Comm'n, 371 Ill. App. 3d 1117, 1129 (2007). Respondent contends that both findings are against the manifest weight of the evidence and, moreover, they are inconsistent.

¶ 36 The Commission found that claimant had proved he was permanently and totally disabled based on both the medical evidence and an odd-lot theory. See Federal Marine Terminals, Inc. v. Illinois Workers' Compensation Comm'n, 371 Ill. App. 3d 1117, 1129 (2007). Respondent contends that both findings are against the manifest weight of the evidence and, moreover, they are inconsistent.

¶ 53 An injured employee can establish his entitlement to PTD benefits under the Act in one of three ways: (1) by a preponderance of medical evidence; (2) by showing a diligent but unsuccessful job search; or (3) by demonstrating that, because of age, training, education, experience, and condition, there are no available jobs for a person in his circumstance. Professional Transportation, Inc. v. Illinois Workers' Compensation Comm'n, 2012 IL App (3d) 100783WC, 966 N.E.2d 40; Federal Marine Terminals, Inc. v. Illinois Workers' Compensation Comm'n, 371 Ill. App. 3d 1117, 1129, 864 N.E.2d 838 (2007). It is well settled that a claimant need not be reduced to complete physical incapacity before a permanent total disability award may be granted. Professional Transportation, 2012 IL App. (3d) 100783WC at ¶ 34. However, a person is totally disabled when he is shown to be incapable of performing services except those for which there is no reasonable stable market.

¶ 37 The Commission found that claimant had proved he was permanently and totally disabled based on both the medical evidence and an odd-lot theory. See Federal Marine Terminals, Inc. v. Illinois Workers' Compensation Comm'n, 371 Ill. App. 3d 1117, 1129 (2007). Respondent contends that both findings are against the manifest weight of the evidence and, moreover, they are inconsistent.

The claimant points out that there are three different and independent ways to establish permanent and total disability: (1) by a preponderance of the medical evidence; (2) by showing a diligent but unsuccessful job search; or (3) by demonstrating that, because of his age, training, education, experience, and condition, there are no jobs available for a person in his circumstances. Federal Marine Terminals v.Illinois Workers' Compensation Comm'n, 371 Ill. App. 3d. 1117, 1129 (2007). The two alternatives to medical evidence are referred to as "odd-lot."

A reviewing court also employs the manifest-weight-of-the-evidence standard where the facts are undisputed, but more than one reasonable inference may be drawn therefrom. Federal Marine Terminals, Inc. v. Illinois Workers' Compensation Comm'n, 371 Ill. App. 3d 1117, 1127 (2007). In contrast, we review de novo the Commission's decisions on questions of law.

We also employ the manifest-weight-of-the-evidence standard where the facts are undisputed, but more than one reasonable inference maybe drawn therefrom. Federal Marine Terminals, Inc. v. Illinois Workers' Compensation Comm'n, 371 Ill.App.3d 1117, 1127, 309 Ill.Dec. 597, 864 N.E.2d 838 (2007). In contrast, we review de novo the Commission's decisions on questions of law.

We also employ the manifest-weight-of-the-evidence standard where the facts are undisputed, but more than one reasonable inference may be drawn therefrom. Federal Marine Terminals, Inc. v. Illinois Workers' Compensation Comm'n, 371 Ill. App. 3d 1117, 1127 (2007). In contrast, we review de novo the Commission's decisions on questions of law.