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, we are forced to ask a claimant to travel outside his community to have the
Workers' Compensation
Med-Arb in South Dakota Workers’ Compensation
By Mike McKnight on
There can be little doubt as to the popularity and effectiveness of alternative dispute resolution (ADR) when dealing with workers’ compensation claims. The uncertainty, expense, and time involved necessitates that most claims get resolved through mediation outside of an administrative hearing and likely appeal through the court system.
Through my years of practice, I have…
Fact Investigations Are Crucial to SD Workers’ Compensation Analysis
By Laura Hensley on
Posted in Workers' Compensation
By now, those of you reading this blog know that in order for an injury to be compensable in South Dakota, the injury must arise out of and be in the course of the employment. Pretty straight forward, right?
Not so much.
While South Dakota adopts the “coming and going rule, establishing that an employee…
WHAT HAPPENS WHEN THE CLAIMANT MOVES IN A SOUTH DAKOTA WORKERS’ COMPENSATION CLAIM?
By TJ Von Wald on
Posted in Workers' Compensation
Have you ever had a Claimant allege that he or she is entitled to permanent total disability benefits and move to a new community before any determination can be made? If so, you are probably wondering whether to use the community where the Claimant was injured or the new community when determining potential job opportunities…
Employee vs. Independent Contractor in South Dakota
By Charlie Larson on
Posted in Workers' Compensation
The issue of independent contractor versus employer has been litigated in South Dakota. There is a presumption that the worker was an employee and it is the employer’s burden to establish the worker is an independent contractor. The Department of Labor and the South Dakota Supreme Court have provided a set of factors to consider…
THE FIFTH AND FINAL PRONG OF THE SOUTH DAKOTA REHABILITATION BENEFIT TEST
By Laura Hensley on
Posted in Workers' Compensation
The moment all of you have been waiting for….
The fifth prong of the five-part test provides: The employee must actually pursue the reasonable program of rehabilitation.
This part likely seems pretty self-explanatory, and, frankly, it is. If the Claimant can satisfy all of the other elements of the retraining benefits test, then he/she needs…
Part Four of the South Dakota Retraining Benefit Test
By Mike McKnight on
Posted in Workers' Compensation
Part four of the five-part test states that an employee must file a claim with his employer requesting the benefits in order to be entitled to the same. The South Dakota Supreme Court, in Chiolis v. Lage Dev. Co., 512 N.W.2d 158, 161-162 (S.D. 1994), stated:
“Even recognizing that the primary purpose of rehabilitation benefits…
Changes in South Dakota Workers’ Compensation Law Effective July 1, 2017
By Mike McKnight on
Posted in Workers' Compensation
Beginning July 1, 2017, there will be a new statutory maximum and minimum workers’ compensation rate along with other rate and reimbursement changes. If you want to receive our Rate Sheets and Summary of Workers’ Compensation Law in SD, please contact Cheri Fodness at cafodness@boycelaw.com.
The Third Prong of the South Dakota Rehabilitation Benefit Test
By TJ Von Wald on
Posted in Workers' Compensation
Summer is upon us and the 4th of July is just around the corner. Almost as exciting as fireworks is the third prong of the five-part rehabilitation test for South Dakota workers’ compensation claims. As Laura mentioned in last week’s blog post, I have the honor of discussing the third prong and what it means…
The Second Prong of the South Dakota Rehabilitation Benefit Test
By Laura Hensley on
Posted in Workers' Compensation
In connection with the last two weeks of the Boyce Work Comp and Employment Blog Insight, it is my turn to explain the second prong of the five-part rehabilitation test. I am sure that you have been waiting with baited breath to learn more about retraining benefits, so here it goes:
The second prong of…