Boyce Law Firm

Boyce Law Firm is a full service law firm with twenty attorneys located in Sioux Falls and representing clients throughout South Dakota. The history of the firm dates back to 1878, when founder Frank L. Boyce established the city’s first law firm in downtown Sioux Falls. As the city grew, our firm also grew to meet the changing needs of our clients. Over the years, we have served many of the city’s largest and most successful businesses. Those relationships and our long-standing history give us the insight, expertise and experience you want from a law firm. The lawyers of the firm are committed to serving not only their clients but the State Bar of South Dakota and their communities.

South Dakota Supreme Court Reverses Workers’ Compensation Bad Faith Decision and Remands for a Retrial

By Laura Hensley, TJ Von Wald & Charlie Larson

July 2, 2020

The South Dakota Supreme Court recently decided Fern Johnson v. United Parcel Service and Liberty Mutual Fire Insurance, 2020 S.D. 39, holding that SDCL 62-7-33 is the exclusive means by which a final decision from the Department of Labor (the “Department”) may be modified. Previously, SDCL 62-7-1 and SDCL 62-1-1(7) were routinely used to revisit and, if appropriate, deny open medical benefits when determining if the work injury remained a major contributing cause of the…

Work Comp & Employment Law Insight

Is COVID-19 a compensable work injury under South Dakota law?

By Laura Hensley

March 18, 2020

As the world is being overwhelmed with questions surrounding the pandemic of COVID-19, the potential implications across several areas of law have resulted in many calls to our office with one common question: If someone believes they contracted COVID-19 at work, is that a compensable workers’ compensation claim? Under South Dakota law, an “injury” is defined, in part, as “only injury arising out and in the course of the employment, and does not include a…

Work Comp & Employment Law Insight

Armstrong v. Longview Farms – Differentiating acute injuries and pre-existing conditions in determining causation

By Laura Hensley & Charlie Larson

February 14, 2020

On January 15, 2020, the South Dakota Supreme Court issued an opinion in Armstrong v. Longview Farms, LLP, 2020 S.D. 1, that differentiates between the effects of an acute injury and the effects of a non-work-related degenerative condition in assessing causation. This is a significant decision that signals a more nuanced approach to causation, challenging the “cause-in-fact” arguments often asserted in workers’ compensation claims. On March 31, 2016, Armstrong injured his left knee while working…

Work Comp & Employment Law Insight

South Dakota Supreme Court Limits Bad Faith Conduct in Workers’ Compensation Litigation

By Laura Hensley

September 19, 2019

The South Dakota Supreme Court recently ruled in favor of an insurance company, marking an important and significant clarification in bad faith litigation in workers’ compensation cases. A recent decision by the South Dakota Supreme Court in Blanchard v. Mid-Century Ins. Co., 2019 S.D. 54, refused to extend the scope of bad faith liability for insurance companies to actions surrounding procedural errors made by defense counsel after litigation was commenced. This case clarifies the facts…

Work Comp & Employment Law Insight

Exhaustion of Remedies in Workers’ Compensation Litigation

By Laura Hensley

May 29, 2019

According to the Federal District Court in South Dakota, it is only after a workers’ compensation claimant has exhausted her remedies under the South Dakota Workers’ Compensation statutes that a trial court may hear a bad faith claim for denial of workers’ compensation benefits. But what does it mean to exhaust your administrative workers’ compensation remedies? This important question was recently explored in Tovares v. Gallagher Bassett Services, Inc., Civ. 16-5051-JLV, 2019 WL 1446390 (Mar.…

Work Comp & Employment Law Insight

South Dakota Supreme Court Remands Workers’ Compensation Decision

By Laura Hensley & Charlie Larson

January 23, 2019

On January 16, 2019, the Supreme Court of South Dakota published its opinion in Skjonsberg v. Menard, Inc., 2019 S.D. 6. This decision, which provides favorable language for Employers and Insurers, has potential ramifications on the bad faith environment in South Dakota. In Skjonsberg, Cassandra Skjonsberg (“Claimant”) injured her right foot while working for Menard, Inc. (“Employer”). Claimant’s workers’ compensation claim was eventually denied, causing her to file a Petition for Hearing with the Department…

South Dakota Appellate Reporter

August 30, 2018, Case Summary

By Mitchell O’Hara

August 31, 2018

FLUTH v. SCHOENFELDER CONSTR., 2018 S.D. 65: Owner of a rental property had a prior disgruntled tenant set off a gas explosion in one of his properties. Owner contracted with Contractor to demolish the home and grade the property. Owner was told that the waterline accessing the property needed to be shut off at the street-curb. Owner only shut off the water in the basement and had the water meter removed. During demolition, Contractor…

South Dakota Appellate Reporter

August 23, 2018, Case Summary

By Mitchell O’Hara

August 24, 2018

ISG, CORP. v. PLE, INC., 2018 SD 64: Plaintiff contracted with Defendant to build two observation platforms for use by law enforcement at an annual festival held in San Juan, Puerto Rico. Defendant did not deliver the platforms they agreed to build and instead delivered a used, contractually non-compliant platform. Plaintiff sued Defendant and its president for breach of contract and fraud. The case went to trial and the jury found in favor of Plaintiff,…

ADR Notes

It’s Not About The Money

By Mike McKnight

August 23, 2018

After thirty-two plus years practicing law I have had more than my share of clients tell me that their particular dispute was not about the money. Any lawyer practicing for any length of time has had the same experience and usually when a client says it isn’t about the money it typically is ALL about the money or becomes about the money once the client gets the first bill. One of the reasons I love…

ADR Notes

A Quality Process

By Mike McKnight

August 12, 2018

While the parties control the outcome of a mediation, the mediator manages the process from which the outcome flows. The preceding post mentioned the fact that a mediator is obligated to conduct a quality mediation and protect the “quality of the process”. What does that mean? Is a quality process simply good coffee and donuts? While good coffee and donuts may very well be desirable, the concept of a quality process is far more than…

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South Dakota Supreme Court Reverses Workers’ Compensation Bad Faith Decision and Remands for a Retrial

Is COVID-19 a compensable work injury under South Dakota law?

Armstrong v. Longview Farms – Differentiating acute injuries and pre-existing conditions in determining causation

South Dakota Supreme Court Limits Bad Faith Conduct in Workers’ Compensation Litigation

Exhaustion of Remedies in Workers’ Compensation Litigation

South Dakota Supreme Court Remands Workers’ Compensation Decision

August 30, 2018, Case Summary

August 23, 2018, Case Summary

It’s Not About The Money

A Quality Process

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