Kennedy v. Hubbard Milling Co.

MORGAN, Retired Justice.

Ronald L. Kennedy (Kennedy), an employee of Hubbard Milling Company (Employer), brought a workers’ compensation claim before the South Dakota Department of Labor, Division of Labor and Management (Department), seeking to elevate a fifteen percent (15%) permanent partial disability rating resulting from a back injury in the course of employment to a permanent total disability rating under the odd-lot doctrine.1 Kennedy’s claim was denied by Department, and Department’s decision was subsequently affirmed by the circuit court. On appeal, Kennedy argues that certain…