Court of Appeals Affirms 60% Award on Substantial Evidence Grounds

In Gallo v. Penford Products Co., No. 12-1472 (Iowa App. March 13, 2013), the court affirmed a 60% industrial disability award, and denied claimant's contention this his mental disorder arose out of and in the course of his work.  Claimant had suffered an accepted back injury while working, and continued to work after surgery.  Claimant was subsequently fired from his employment when it was found out that he had been found to be impersonating a physician for the purpose of obtaining narcotics.  Despite these facts, and the finding by the deputy, affirmed on appeal, that claimant was not a credible witness, claimant argued that he was permanently and totally disabled.  The evidence on this score was conflicting, with vocational experts reaching opposite conclusions about claimant's motivation to work, and ability to work in light of his back injury.  Particularly telling was the fact that claimant continued to work for two years following the injury, before he was fired for impersonating a doctor.  On these facts, as presented by the court of appeals, the decision of the commissioner was affirmed on substantial evidence grounds.

The medical evidence was also conflicting on the mental health aspects of the case, with claimant's primary treating doctor noting that problems with anxiety and depression were present prior to the injury, and a psychiatrist concluding that the mental health problems were as a result of the work injury.  Again, on substantial evidence grounds, the court concluded that the commissioner's decision was correct, and affirmed that decision.

Gallo is a part of a long line of decisions at the court of appeals that have been affirmed on substantial evidence grounds.

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