McClaflin v. Morrell & Co.

Summary

The South Dakota Supreme Court addresses whether Robert L. McClaflin was entitled to odd-lot permanent total disability benefits under the workers' compensation laws. The court declines to adopt a separate standard based on non-employability in the competitive market, but holds that the claim should remain subject to future adjudication if the claimant's employment ends. The judgment is affirmed in part and reversed and remanded for retention of jurisdiction over the odd-lot claim.

Holdings

1. South Dakota law does not recognize lack of employability in the competitive market as an independent avenue for establishing a prima facie odd-lot claim.
2. Because McClaflin was currently employed in the coatroom position, the court suspended determination of whether he had established a prima facie odd-lot claim, but the claim could be litigated if his employment ended.

Questions Presented

1. Whether South Dakota's odd-lot workers' compensation doctrine permits permanent total disability benefits based solely on a claimant's lack of employability in the competitive market.
2. Whether the employer satisfied its burden of showing that suitable work was regularly and continuously available to the claimant.

Disposition

reversed_and_remanded