Court of Appeals Affirms 3% PPD award, Failure to Award Penalty Benefits and Denial of Request for Costs

In Baccam v. ACH Food Companies, aka Tone's, No.18-1002 (Iowa App. March 6,  2019), the court addressed issues concerning the extent of claimant's leg impairment,  the extent of penalties and costs of the action.  Claimant was found to have a 2% leg impairment by defendants' doctor, 3% from his IME doctor, but argued that based on his loss of use, his award should have been higher than the 3% awarded by the commissioner.   The Court of Appeals affirmed, based on substantial evidence. 

On the penalty claim, claimant argued his penalty benefits on permanency should have been greater.  a 5% penalty award was made,  based on a failure to pay permanency benefits when due.  The court concluded that there was no error in this finding.  On the costs issue, the court found that claimant was not entitled to payment for the costs of the appeal transcript. On the remainder of costs, the court found that the commissioner had not abused its discretion in denying costs. 

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