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.
South Dakota had a recent SD Supreme Court case where the department and appellate court held for the employer and insurer on a medical issue. The case went up to our high court. The issue was whether the work injury remained a major contributing cause of the claimant's need for treatment.
The treating doctor testified on behalf of the employee. The insurer had a record review done by an orthopedic surgeon. The court reversed the department's ruling on causation for two very important reasons: 1. the court indicated a strong preference for the treating doctor; and 2. the court indicated it's disdain for record reviews.
Record reviews are helpful, but in order to have a fighting chance in SD, you must have the patient examined. The court discussed how the record review doctor never took a history and found that to be very important.
Record reviews are still a helpful tool as you do not need to disclose them if they are adverse. If you have a favorable record review and the case is litigated, you need to get an IME and have that doctor testify at hearing in order to have a chance at prevailing.
Please contact me if you have any questions. Charles Larson - (605) 336-2424 -calarson@bgpw.com