Iowa Workers' Compensation

In Delire v. Key City Transport , No. 16-0720 (Iowa App. Dec. 21, 2016), the court addressed for the second time a rate issue presented by the parties.  Claimant was a trucker, who was only three weeks into his employment at the time of his injury.  He believed that his yearly earnings were to be $75,000 and his original rate was based on an annual salary of $70,000.  This rate was reversed in the original Court of Appeals decision and the case was remanded for further consideration. In the second appeal, the question was whether claimant's rate should be determined based on his salary in two of the three weeks he worked (the third week was significantly less than the other two weeks) or whether all three weeks should be taken into account.  The commissioner considered all three weeks.  The court indicated that section 85.36(7) addressed the situation more precisely because it applied "in the case of an employee who has been in the employ of the employer less ...

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...