Court of Appeals Affirms Permanent Total Disability Award

In Bridgestone/Firestone v. Jackman, No. 15-2007 (Iowa App. Nov. 9, 2016), the Iowa Court of Appeals affirmed the award of permanent total disability, finding that substantial evidence supported the decision of the commissioner.  On appeal, only the award was contested, the defendants having conceded that claimant's back and neck injuries arose out of and in the course of employment. The court finds that the factors of industrial disability were explicitly considered in the decision of the deputy, which was affirmed by the commissioner.  The court deferred to the commissioner's finding that claimant's vocational expert was more credible than defendants' expert.  The court also noted that claimant's failure to seek other employment was not, in light of all other factors, enough to defeat the finding of permanent total disability.

Claimant was represented by Martin Ozga of Neifert, Byrne & Ozga.

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