The South Dakota Supreme Court has recently, and repeatedly, rejected what it calls the "temporal sequence" opinion.  This opinion was accepted for years and all it contained was a statement from the treating doctor that the problems were work related because the problems did not start until after the injury.

The court recognized that just because symptoms start at work doesn't mean the underlying cause was work related.  This has been a huge help in defending causation claims in South Dakota and helps with settling claims as it forces claimant attorneys to actually work up a file.

Please let me know if you have any questions.  Charlie Larson - calarson@bgpw.com or 605-731-0228