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D & C EXP., INC. v. SPERRY

No. 88-1485.

450 N.W.2d 842 (1990)

D & C EXPRESS, INC., Appellant, v. Larry L. SPERRY, Appellee.

Supreme Court of Iowa.

January 24, 1990.

Attorney(s) appearing for the Case

David Scieszinski, Wilton, for appellant.

Allan Hartsock of Winstein, Kavensky, Wallace & Doughty, Rock Island, Ill., for appellee.

Roger L. Ferris of Nyemaster, Goode, McLaughlin, Voigts, West, Hansell & O'Brien, P.C., Des Moines, for amicus curiae Cora Tuttle.

R. Ronald Pogge of Hopkins & Huebner, P.C., Des Moines, for amicus curiae Iowa Motor Truck Ass'n.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, CARTER and SNELL, JJ.

HARRIS, Justice.

Larry Sperry sought workers' compensation benefits after he slipped and fell from his tractor-trailer. Sperry claimed to have been employed by D & C Express, an Iowa corporation which hauls steel products throughout the country. D & C Express defended on the ground Sperry was an independent contractor rather than an employee. The industrial commissioner awarded benefits.1 On judicial review the award was sustained...

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