Thurman v. Zandstra Construction

Summary

The Supreme Court of South Dakota held that a workers' compensation claim for additional benefits was barred under SDCL 62-7-35.1 because the claimant failed to petition within three years after the employer's last payment of benefits. The employer's later written denial did not revive the already expired claim or trigger a new two-year limitations period under SDCL 62-7-35. The court affirmed the circuit court's grant of summary judgment for the employer and insurer.

Holdings

1. When an employer sends a denial letter after the three-year limitations period in SDCL 62-7-35.1 has expired, the letter does not start a new two-year limitations period under SDCL 62-7-35. Because Thurman filed more than three years after the employer's last payment of benefits, his claim for additional benefits was barred.

Questions Presented

1. Whether SDCL 62-7-35 or SDCL 62-7-35.1 governed Thurman's claim for additional workers' compensation benefits.
2. Whether an employer's written denial letter issued after expiration of the three-year limitations period under SDCL 62-7-35.1 can revive the barred claim and trigger a new two-year limitations period under SDCL 62-7-35.

Disposition

affirmed