Legal Opinion
Fredekind v. Trimac Ltd.
South Dakota Supreme Court
Decided July 9, 1997No. NonePublishedCited by 4 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] Duane Fredekind, a truck driver for Trimac Limited, died after reaching an oral settlement for workers’ compensation benefits with Trimac’s insurer. His widow, Lydia Fredekind, petitioned to enforce the agreement, and the Department of Labor allowed it. Is an unwritten settlement binding under South Dakota Workers’ Compensation law? On appeal the circuit court overturned the award, and we affirm, concluding the agreement failed to comport with the written approval and finalization requirements of SDCL 62-7-5.
Facts
[¶ 2.] During Fredekind’s employment with Trimac in…
2Cases cited22 opinions
- Permann v. South Dakota Department of Labor, Unemployment Insurance DivisionSouth Dakota Supreme Court · 1987
- Caldwell v. John Morrell & Co.South Dakota Supreme Court · 1992
- Helms v. Lynn's, Inc.South Dakota Supreme Court · 1996
- Nilson v. Clay CountySouth Dakota Supreme Court · 1995
- Hendrix v. Graham Tire Co.South Dakota Supreme Court · 1994
17 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Knapp v. Hamm & Phillips Service Co.South Dakota Supreme Court · 2012
- Tovares v. Gallagher Bassett Servs., Inc.United States District Court · 2019
- Knapp v. Hamm & Phillips Service Co.South Dakota Supreme Court · 2012
- Tovares v. Gallagher Bassett Services, Inc.District Court, D. South Dakota · 2019