Thyen v. Hubbard Feeds, Inc.

KONENKAMP, Justice.

[¶ 1.] In this workers’ compensation appeal, we reverse and remand for a new hearing before the Department of Labor to consider the employee’s claim that the employer intentionally destroyed relevant evidence that would have assisted the employee in establishing causation for his injuries.

Background

[¶ 2.] Claimant, David Thyen, has worked for Hubbard Feeds, Inc. since January 30, 2003, as a mix operator. In addition to his work at Hubbard, Thyen and his wife ran a small dairy farm. On July 2, 2008, before going to work, Thyen helped his wife feed the dairy cows by mixing…