Beckman v. John Morrell & Co.

While I agree with the majority that the criteria set forth in Cozine v. Midwest Coast Transport, Inc., 454 N.W.2d 548 (S.D.1990), control, I disagree with the majority’s application of that authority to these facts.

I further agree that the first three elements laid out in Cozine, supra, are in dispute in this case. I disagree with the majority’s application of the first two elements as they apply to the facts of this case.

As to the first element (that the employee be unable to return to his usual and customary line of employment), I believe, as did the circuit court, that Morrell clearly and…