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
Work Comp & Employment Law Insight
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National Workers’ Compensation Defense Network Fall Conference
The National Workers Compensation Defense Network (NWCDN) is hosting its 2018 Fall Conference in Minneapolis, Minnesota on September 27, 2018. Boyce Law Firm, LLP is the only South Dakota law firm that is a NWCDN member.
The 2018 Fall Conference…
Harvey v. Regional Health Network: Takeaways for the Employer and Advising Practitioner
In January, the South Dakota Supreme Court issued Harvey v. Regional Health Network, Inc., 2018 SD 3, 906 N.W.2d 382, wherein it affirmed summary judgment for the employer and dismissed the terminated employee’s claims for slander, malicious prosecution, intentional and…
Compensability of Diagnostic Testing?
Let’s take a moment to consider this hypothetical scenario:
John Smith is at work for the Widget Company working on the assembly line. Mr. Smith has been working for about 10 hours when he faints, causing him to fall and…
Jacobson v. Hauge Associates, Inc. and State Farm Fire & Casualty
The first decision of 2018 involves a permanent total disability claim heard by Judge Thronson. This is the first decision we have seen from Judge Thronson following a hearing. There were a number of issues presented at hearing and the…
Are You Complying with the Fair Credit Reporting Act (FCRA)?
When hiring a new employee, many employers request that a potential employee sign what is often referred to as a “Release,” which is used to initial a background screening process. However, there are strict federal rules to which an employer…
The South Dakota TTD and TPD Benefits Dilemma
I hope this finds you doing well. I have received many inquiries over the last couple of weeks on when temporary disability benefits are owed. I think that the confusion comes from the mislabeling of the benefits. There is a…
The Seven Steps to Active Listening
Considered by many scholars to be the most comprehensive source on mediation, Christopher W. Moore in The Mediation Process describes the steps to active listening in the following manner.
First, the mediator must listen to what the party is saying…
What Is “Reasonably Convenient To The Employee” When Scheduling An IME In A South Dakota Claim?
South Dakota is a rural, expansive state with many smaller towns throughout. There are very few major health care providers within the state. There are also very few doctors that will perform independent medical examinations within the state. On occasion,…
Active Listening and Workplace Dispute Resolution
Likely the most important skill for a neutral to possess when trying to resolve a workplace dispute, or any dispute for that matter, is the ability to actively listen. While it might be logical to conclude that speaking and listening…