In re Declaratory Ruling re SDCL 62-1-1(6)

ZINTER, Justice.

[¶ 1.] Attorney James Leach petitioned the Department of Labor for a declaratory ruling regarding the application of a statute. The statute governs the “earnings” used to calculate .the “average weekly wage” in workers’ compensation cases. Leach contended that discretionary bonuses .should ;be ..included in the ■ calculation. The Department , ruled that only nomdis-cretionary bonuses should be included, and Leach appealed to circuit court. The court, sua sponte, dismissed the appeal because it concluded that the Department lacked jurisdiction to issue such rulings. Leach now…