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 pe...