Ofstad v. South Dakota Department of Transportation

I dissent.

SDCL 62-4-33 controls this case because it controls claims of employees of the highway department and the payment of such claims from department funds. § 62-4-33 provides in part that ... [the state highway department] ... shall pay such claims from funds available for the maintenance of [the] department, or may procure insurance as provided in §§ 62-5-2 to 62-5-4, inclusive. (Emphasis added)

SDCL §§ 62-5-2 to 62-5-4 inclusive, pertain to worker’s compensation insurance. Obviously, “such claims” include workmen’s compensation claims.

This court has held that the attorney fees statute,…