Johnson v. Powder River Transportation

MEIERHENRY, Justice (on reassignment).

[¶ 1.] This workers’ compensation case is before the Court for the second time and involves the calculation of benefits as related to cost-of-living increases and social security old-age benefits. We previously affirmed the Department of Labor’s determination that Virginia Johnson was entitled to total permanent disability workers’ compensation benefits in Johnson v. Powder River Transp., 2002 SD 23, 640 N.W.2d 739. Subsequent to the first appeal, Johnson sought and received Department approval of a lump sum award for attorney fees as allowed under SDCL…