Fenner v. Trimac Transportation, Inc.
South Dakota Supreme Court
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
- Caldwell v. John Morrell & Co.South Dakota Supreme Court · 1992
- VerBouwens v. Hamm Wood ProductsSouth Dakota Supreme Court · 1983
- Harn v. Continental Lumber Co.South Dakota Supreme Court · 1993
- Schuck v. John Morrell & Co.South Dakota Supreme Court · 1995
- Aetna Casualty & Surety Company v. CagleCourt of Appeals of Georgia · 1962
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