Johnson v. Powder River Transportation

SEVERSON, Circuit Judge.

[¶ 1.] The South Dakota Department of Labor, Division of Labor and Management (Department) determined that Virginia Johnson (Johnson) was permanently, totally disabled and entitled to compensation for life. Powder River Transportation (Powder River) appealed Department’s decision. The circuit court denied a constitutional challenge to reduction in benefits by the amount of social security benefits, upheld Department’s decision to decline to tax disbursements, and affirmed Department’s decision to award permanent disability compensation to Johnson. Both parties have…