A three-judge panel of the Court of Appeals of Utah has decided that an employed amputee is still entitled to receive permanent disability benefits despite having landed a better-paying full-time position elsewhere. The case is Wasatch Elec. Dynalectric Co. v. Labor Comm'n, 2020 UT App 20.

On July 23, 2012, Wendell Benward was working for Wasatch Electric Dynalectic Company (Wasatch) as part of a team in charge of maintaining a set of electrical lines. The team was moving a pole when Benward saw that the grounded pole was too close to a live power line. He rushed over to help but tripped, twisting his ankle. As he regained footing, electricity jumped to his left arm, and the current passed through his body, exiting through his feet and causing significant injury. He was evacuated from the scene by helicopter and taken to a hospital where doctors determined that his injuries required the amputation of both of his feet. He also suffered second and third-degree burns over most of his upper body, hearing loss, sleep apnea, tinnitus, meniscus tears in both knees, and memory loss, among other injuries.

Nearly a year later, Benward was able to return to work part-time, but not in the same capacity. He was able to work at Wasatch as a safety manager for a few months, then was able to increase his hours to full-time until he was laid off for unrelated reasons. Between his accident and the termination of his part-time employment, Benward was paid nearly $131,000 in workers' comp benefits. Eventually, Benward was able to find similar employment as a safety professional at an electrical engineering company. The work was inconsistent and the wages and benefits are project-dependent, but Benward was able to earn a weekly wage higher than what he earned at Wasatch.