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 w...