Wells v. Sentry Insurance Co.

OPINION

ANDERSON, Justice.

In this workers’ compensation appeal, the trial court awarded the plaintiff 65 percent permanent partial disability to the body as a whole. The defendant argues that although the monetary award would be the same, the trial court should have awarded benefits for a 65 percent permanent partial disability to scheduled members, i.e. the plaintiff’s arms. We find no merit to this argument, conclude that the appeal is frivolous, and remand to the trial court for the assessment of damages for the frivolous appeal.

FACTUAL AND PROCEDURAL HISTORY

On July 13, 1988, the plaintiff,…