Workers' Compensation

Recent Posts

South Dakota: Fatal Shooting in Employer’s Parking Lot Held Not Compensable
Posted on 26 Jul 2013 by Larson's Spotlight

The Supreme Court of South Dakota, affirming a decision by the state’s Department of Labor and Regulation, recently denied a death benefits claim filed by the personal representative of a woman shot and killed by her husband as she sat in her car... Read More

South Dakota: Horseplay Injury During Lull in Workday Found Compensable
Posted on 12 Jun 2015 by Larson's Spotlight

The Supreme Court of South Dakota awarded workers’ compensation benefits to a construction worker who sustained a severely broken leg when he tried to jump a trench while running at a construction site. The state’s Department of Labor and... Read More

South Dakota: Cumulative Trauma Doctrine Applies to Date of Injury, Not Date of Last Compensation Payment
Posted on 6 Dec 2013 by Larson's Spotlight

The Supreme Court of South Dakota, affirming a trial court’s decision, agreed that the three-year statute of limitations set forth in SDCL 62-7-35.1 barred a claim where the injured employee’s report of accident occurred in 2000, the claim... Read More

South Dakota: Wages From Multiple Employers Should Be Aggregated to Compute Injured Employee’s Average Weekly Wage
Posted on 22 May 2015 by Larson's Spotlight

Adopting the “growing minority view” identified in Larson’s Workers’ Compensation Law , the Supreme Court of South Dakota held that the wages an injured employee earned at three, unrelated employments should be aggregated for purposes... Read More

South Dakota: Waitress Recovers Benefits for Brain Hemorrhage Resulting From Bar Fight
Posted on 20 Nov 2015 by Larson's Spotlight

A restaurant waitress, who suffered an onset of severe headaches and vomiting one week after she sustained what appeared to be minor injuries at work when a fight broke out in the restaurant bar on New Year’s Eve 2009, was entitled to significant... Read More