Permanent Total Disability Awarded in Court of Appeals Case
The Iowa Court of Appeals, in Des Moines Public Schools v. Ault, No. 0-753 (Iowa App. Nov. 24, 2010), concluded that claimant was permanently and totally disabled. The claim was handled by Jason Neifert of the NBO law firm. The issues in Ault included whether the agency's decision finding permanent total disability was supported by substantial evidence and whether claimant's alleged misconduct was sufficient to deny her a permanent total disability award. Claimant injured her back at work and ultimately had surgery for that injury. In the wake of this surgery, she suffered from infection and continuing pain. She developed a major depressive disorder secondary to the physical problems she was having. Defendants raised issues unrelated to the work injury, including fights in which claimant was involved, drug possession and failure to fully cooperate with treatment. Despite these claims, the commissioner determined that claimant was permanently and totally disabled due to