JACOBSON TRANSP. CO. v. HARRIS

No. 08-0065.

778 N.W.2d 192 (2010)

JACOBSON TRANSPORTATION COMPANY and Liberty Mutual Insurance, Appellants, v. Russell HARRIS, Appellee.

Supreme Court of Iowa.

February 12, 2010.


Attorney(s) appearing for the Case

Kevin R. Rogers of Swisher & Cohrt, P.L.C., Waterloo, for appellants.

Michael L. Mock of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellee.


HECHT, Justice.

In this appeal, we must determine whether the workers' compensation commissioner properly excluded three weeks of earnings from the calculation of an injured employee's compensation rate. We conclude the commissioner did not err by excluding three weeks of low earnings and replacing them with earnings from three earlier weeks which more fairly represented the employee's customary earnings.

I. Factual and Procedural Background.

Russell...

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