(a) Permanent total disability is presumed to result from the loss
of use of both hands, both arms, both feet, or both legs, or the loss of
sight of both eyes. However, the presumption of permanent total
disability as a result of such loss may be rebutted by evidence to the
contrary, such as evidence of continued ability to work and to earn
wages despite the loss.
(b) Temporary total disability is defined as the inability to return
to the position held at the time of injury or earn equivalent wages, or
to perform other gainful employment, due to the work-related injury.
Except as presumed under paragraph (a) of this section, an employee's
disability status is always considered temporary pending return to work.
