NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
Leonard E. Salway v. Hanson Maves Company and Zurich American Insurance
Claimant was a 76-year old worker who sustained a work-related injury when he broke his right ankle. Approximately 6 months after the injury, Claimant was placed at MMI and returned to work doing the same job as he was prior to the injury. Claimant admitted that he did not feel that he was receiving special treatment and admitted that the only reason he filed his Petition was because he believed someday he would develop arthritis in his ankle. Despite the allegations in the Petition regarding favored work, the Department found that Claimant was not performing "favored" or "light duty" work because he was doing the same job he did before the injury. Rick Ostrander provided a report that Claimant was receiving favored work, but the Department rejected the opinion because it was based on misinformation.
Regarding Claimant’s request that the Department retain jurisdiction, the Department declined to do so, saying that Claimant was employed in the same position as he was before the injury with no restrictions or limitations, and just because he was worried he would someday develop arthritis, that was not enough for the Department to retain jurisdiction, therefore the case was dismissed.
If you have questions on this or any other matter in South Dakota, please contact Charlie Larson atcalarson@boycelaw.com or 605-336-2424