Court: South Dakota Supreme Court
Citation: LLC, 2021 S.D. 48
Opinion Date: August 18, 2021
Areas of Law: Government & Administrative Law, Labor & Employment Law, Personal Injury
The Supreme Court affirmed the judgment of the circuit court affirming the decision of the Department of Labor and Regulation determining that a copy of a letter to Appellant’s insurer seeking a review of his workers’ compensation benefits did not constitute a petition for a hearing, holding that the Department and the circuit court did not err.
Appellant injured his left and right shoulder at work. Western National Insurance (Insurer), the workers’ compensation for Appellant’s employers, paid workers’ compensation benefits. Five years later, the Appellant sent a letter to the Insurer seeking a review of his workers’ compensation benefits and sent a copy of this letter to the Department requesting that the Department determine that the letter constituted a petition for hearing. The Department concluded that the letter was not a petition for hearing because it lacked the information required by ARSD 47:03:01:02. The circuit court affirmed. The Supreme Court affirmed, holding that the circuit court did not err in concluding that Appellant’s letter did not satisfy ARSD 47:03:01:02.
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