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Laura Hensley

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Work Comp & Employment Law Insight

Exhaustion of Remedies in Workers’ Compensation Litigation

By Laura Hensley on 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 on 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 on 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 on 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 on 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 on 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…

ADR Notes

Mediator Competence

By Mike McKnight on August 6, 2018

I blew out my knee twice playing college football As a consequence I have more than a passing familiarity of the anatomy of the human knee. Does that knowledge of the knee’s anatomy mean that I am competent to perform knee surgery? The answer is obvious and despite my personal familiarity with the anatomy of the knee you do not want me operating on your knee. Similarly, mediator competence needs to be viewed as more…

South Dakota Appellate Reporter

August 2, 2018, Case Summary

By Mitchell O’Hara on August 3, 2018

STATE v. RANDLE, 2018 S.D. 61: Defendant was attending a party where he was handling an AK-47. While sitting down, the AK-47 was discharged while in Defendant’s possession. The bullet struck another party-goer. Defendant claimed that he was handed the gun and it caused his chair to slide backwards and the gun to slide off his lap. Defendant then grabbed the gun to prevent it from falling causing it to discharge. The victim ultimately died…

ADR Notes

The Importance of Self-Determination

By Mike McKnight on July 30, 2018

It is likely no coincidence that self-determination is listed as the first standard in the Model Standards of Conduct for Mediators (“the Model Standards”). The Model Standards were designed to “…serve as fundamental ethical guidelines for persons mediating in all practice contexts.” Self-determination is not just a discretionary academic principle: a mediator is required to conduct a mediation based on this principle and this principle applies at any stage of the mediation, “including mediator selection,…

South Dakota Appellate Reporter

July 26, 2018, Case Summaries

By Mitchell O’Hara on July 27, 2018

HANSON v. BIG STONE THERAPIES, 2018 SD 60: Plaintiff began experiencing pain in her leg during a physical therapy session following hip surgery. Plaintiff was diagnosed with a fractured femur and subsequently brought suit against the physical therapy company and the hospital. Plaintiff alleged that the physical therapist was negligent during physical therapy and that the hospital was negligent in failing to timely diagnose the fractured femur. Both the physical therapy company and the hospital…

Boyce Law Firm

Boyce Law Firm Blogs

Blog Authors

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

Mediator Competence

August 2, 2018, Case Summary

The Importance of Self-Determination

July 26, 2018, Case Summaries

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