Summary
The South Dakota Supreme Court held that the Department of Labor could review Wiedmann's permanent total disability claim because he had completed the pain management program that had previously prevented evaluation of his disability. The court held that Wiedmann was entitled to permanent total disability benefits and affirmed the determination that certain medical expenses were compensable. The court reversed the circuit court in part and affirmed in part.
Holdings
- The Department of Labor properly reviewed Wiedmann's claim because, given the procedural and factual history of the original claim, his completion of the pain-management program constituted a sufficient change in condition or circumstance to permit review.
- The Department of Labor's determination that Wiedmann was permanently totally disabled was supported by the record and was affirmed.
- The Department of Labor's determination that certain medical expenses were compensable was supported by the record and affirmed.
Questions Presented
- Whether the Department of Labor could review Wiedmann's previously denied permanent-total-disability claim after he completed the pain-management program.
- Whether the Department's determination that Wiedmann was permanently totally disabled was supported by the record.
- Whether the medical treatments awarded by the Department were necessary, reasonable, and compensable.
Disposition
other
Cases Cited (5)
- Wiedmann v. Merillat, 2001 SD 23, 623 N.W.2d 43(followed)
- Guthmiller v. S.D. Dep't of Transp., 502 N.W.2d 586 (S.D. 1993)(cited)
- McDowell v. Citibank, 2007 SD 52, 734 N.W.2d 1(distinguished)
- Whitney v. AGSCO Dakota, 453 N.W.2d 847 (S.D. 1990)(cited)
- Call v. Ben. & Protec. Order of Elks, 307 N.W.2d 138 (S.D. 1981)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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