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May v. Spearfish Pellett Co.

signing the document

Court: South Dakota Supreme Court

Citation: LLC, 2021 S.D. 48

Opinion Date: August 18, 2021

Judge: Myren

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.

This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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