On August 10, 2022, the South Dakota Supreme Court issued its opinion in the matter of Althoff v. Pro-Tec Roofing, Inc., 2022 S.D. 49, affirming, in part, and reversing, in part, the Third Judicial Circuit Court of South Dakota’s decision
Work Comp & Employment Law Insight
Latest from Work Comp & Employment Law Insight
Exclusive Remedy Defense for Contractor Liability Affirmed
On August 24, 2022, the South Dakota Supreme Court issued its opinion in the matter of Douglas Ries v. JM Custom Homes, LLC, 2022 S.D. 52 indicating workers’ compensation was the only remedy available to Ries, an employee of JM’s…
SD Supreme Court Affirms Denial of Odd-Lot Claim based on Alleged Mental Health Condition
On July 20, 2022, the South Dakota Supreme Court issued its opinion in the matter of Baker v. Rapid City Regional Hospital and Hartford Insurance, 2022 S.D. 40 affirming the denial of Permanent Total Disability (“PTD”) to the Claimant based…
SD Supreme Court Clarifies Minimum Standard Required for Petition for Hearing
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…
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…