Sopko v. C & R TRANSFER COMPANY, INC.

SRSTKA, Circuit Judge.

[¶ 1.] C & R Transfer Co., Inc. (C & R) appeals the circuit court’s determination that workers’ compensation benefits are determined at the rate available when a change in the claimant’s circumstances occur and that beneficiaries of death benefits are set at the time of death, not the time of injury. We reverse.

FACTS AND PROCEDURE

[¶ 2.] This is the second appeal of this case. The first decision is reported at Sopko v. C & R Transfer Co., Inc., 1998 SD 8, 575 N.W.2d 225 (Sopko I).

[¶ 3.] In 1974 Jerry Sopko was injured by an exploding truck tire rim. C & R was his employer…