The South Dakota Supreme Court recently ruled in favor of an insurance company clarifying the minimum standards required for a Petition for Hearing under the administrative regulations of the South Dakota Department of Labor and Regulations (the “Department”). On August
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.
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South Dakota Supreme Court Addresses Definition of “A Major Contributing Cause”
By TJ Von Wald
On June 2, 2021, the Supreme Court of South Dakota released its opinion in the matter of Hughes v. Dakota Mill & Grain, 2021 S.D. 35, which addressed the Court’s interpretation of the causation standard of “a major contributing cause.”. …
South Dakota Supreme Court Reverses Workers’ Compensation Bad Faith Decision and Remands for a Retrial
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…
Is COVID-19 a compensable work injury under South Dakota law?
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…
Armstrong v. Longview Farms – Differentiating acute injuries and pre-existing conditions in determining causation
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…
South Dakota Supreme Court Limits Bad Faith Conduct in Workers’ Compensation Litigation
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…
Exhaustion of Remedies in Workers’ Compensation Litigation
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…
South Dakota Supreme Court Remands Workers’ Compensation Decision
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…
August 30, 2018, Case Summary
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. …
August 23, 2018, Case Summary
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…