The Ottumwa Courier

Ottumwa

January 24, 2013

Court rejects Ottumwa appeals

OTTUMWA — The Iowa Court of Appeals has upheld a lower court ruling involving an Ottumwa company, rejecting claims by both the company and an injured employee.

Carl Boyd was an employee at the Cadbury Schweppes bottling plant when, in August 2008, a fork truk ran over his feet. Both feet were crushed in the accident. The workers' compensation commissioner found Boyd suffered a "whole body injury" and awarded him 80 percent disability, which both Boyd and the company appealed.

The court held that Boyd, "suffered substantial loss of earning capacity," as a result of the accident, rejecting the company's appeal of the whole body injury assessment. But it also said Boyd, who sought full disability, "is able to perform some sedentary work," which means full disability is not appropriate.

Both sides challenged the 80 percent disability award. The court agreed with Cadbury Schweppes that none of Boyd's doctors, with one exception, ordered activity restrictions as a result of his injury.

Boyd now uses a wheelchair, which the court found a self-imposed but necessary accomodation. The 80 percent disability finding was based on his full use of his upper extremities and ability to perform work while seated, a finding the court said was justifiable.

 

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