Court of Appeals Summarily Affirms PTD Award

In Des Moines Asphalt & Paving v. Gomez, No. 13-1160 (Iowa App. March 26, 2014), the Court of Appeals summarily affirms an award of permanent total disability for a client who was assaulted by a co-worker at a job site.  Claimant was diagnosed with post-traumatic stress disorder.  On appeal, the court adopts the district court's reasoning and conclusions, pursuant to Iowa Court Rule 21.26(1)(b), (d) and (e).  Although it would appear as though the attack on claimant might have been defended on the basis that this was the willful act of a third party directed against the employee for reasons personal to the employee under section 85.16(3), this was not discussed in the decision of the court of appeals, nor was the issue raised before the commissioner.

An Application for Further Review was filed with the Supreme Court and denied on July 16, 2014.

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