Owens v. F.E.M. Electric Association, Inc.

Summary

The Supreme Court of South Dakota affirmed the dismissal of Robert Owens's workers' compensation claim as time-barred under SDCL 62-7-35. The court held that the insurer's written notice sufficiently communicated denial of coverage and triggered the two-year limitations period, rather than the three-year period under SDCL 62-7-35.1. The court also held that Owens had not established a qualifying change in condition under SDCL 62-7-33.

Holdings

1. The June 25, 1999, letter sufficiently notified Owens that the insurer denied further coverage for claims arising from the October 16, 1998, accident. The notice triggered the two-year limitations period, and Owens's request for a hearing was time barred.
2. Owens did not establish a statutory change in condition that permitted reopening of his claim under SDCL 62-7-33. The statute could not be used before expiration of the limitations period to avoid the two-year deadline for challenging the denial.

Questions Presented

1. Whether the insurer's June 25, 1999, letter provided sufficient written notice of denial to trigger the two-year statute of limitations under SDCL 62-7-35.
2. Whether Owens established a change in condition under SDCL 62-7-33 that entitled him to reopen his workers' compensation claim.

Disposition

affirmed