Legal Opinion · Dissent

Fenner v. Trimac Transportation, Inc.

South Dakota Supreme Court

Decided September 25, 1996No. NonePublished

1DissentKonenkamp, Justice

[¶ 21] I am unable to support the result here or decipher the Court’s logic in reaching it. If the majority is saying that when a doctor recommends vocational retraining for a change in employment, an employee must immediately quit work, I reject it as unsound. If the majority is saying that upon such advice, failure to quit one’s job constitutes misconduct, I renounce it as repugnant to the beneficent principles of workers’ compensation.

[¶22] Our workers’ compensation laws were enacted to “provide an injured employee a remedy which is both expeditious and independent of proof of fault” and…

2Cases cited18 opinions

  1. Caldwell v. John Morrell & Co.South Dakota Supreme Court · 1992
  2. VerBouwens v. Hamm Wood ProductsSouth Dakota Supreme Court · 1983
  3. Harn v. Continental Lumber Co.South Dakota Supreme Court · 1993
  4. Schuck v. John Morrell & Co.South Dakota Supreme Court · 1995
  5. Aetna Casualty & Surety Company v. CagleCourt of Appeals of Georgia · 1962

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