Alabama Workers' Comp Blawg

  • 11
  • Jun
  • 2012

Court of Appeals Amends its Opinion in Denmark v. Industrial Manufacturing Specialists, Inc.

On June 8, 2012, the Alabama Court of Civil Appeals amended its previous opinion in Denmark v. Industrial Manufacturing Specialists, Inc. As reported on our blog on May 7, 2012, the Court of Appeals previously held that Denmark suffered a 10% partial loss of use of his left foot, and that since IMS had already paid TTD benefits in excess of the value of the 10% PPD, no further benefits were owed. However, pursuant to the Alabama Workers’ Compensation Act, the number of weeks of TTD benefits already paid are only subtracted from an award of permanent partial disability to the body as a whole, and said weeks are not subtracted from a PPD award to a scheduled member. As such, the Court amended its previous order to delete the finding that no further benefits were owed.

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