Court of Appeals Decides Rate Issue, Healing Period Controversy
Key City Transport, Inc. v. Delire , No. 14-1755 (Iowa App. Sept. 10, 2015), involved a truck driver who was injured a few weeks after the start of his employment. Claimant indicated that he was told when he was hired that some drivers on the route on which claimant worked earned between $70,000 and $75,000 per year. Claimant worked three weeks, earning mileage and drop fees (mileage amounts were $257, $1254 and $1425 and drop fees were $155, $40 and $240). Claimant was injured when he was unloading large windows. Claimant attempted to catch a falling window and fell on his back and felt a sharp pain in his right armpit and shoulder. Ultimately, surgery was performed for a labral tear. Following the first surgery, claimant continued to have difficulties and a second shoulder surgery was performed, along with right carpal and cubital tunnel releases. The treating doctor, Dr. Mendel, continued to be concerned about claimant's symptoms and wished to perform an EMG, but the cas