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

Claims for retraining benefits in South Dakota are one of the more difficult claims for a claimant to prove.  One would think that encouraging a claimant to return to school to learn a new trade or occupation should be one of the easier claims to establish, but in practice, that has simply proven not to

Guest Blogger:  Sue Simons, Staff Attorney, RAS 

Under South Dakota law, when an employee is injured in the course and scope of his/her employment, the employee has the right to make the initial selection of the treating medical practitioner.  However, the legislature recognized the right of the employer to have an injured employee examined by