Legal Opinion

Wheeler v. Cinna Bakers LLC

South Dakota Supreme Court

Decided May 6, 2015No. 27170PublishedCited by 5 opinions

1Opinion of the Court

GILBERTSON, Chief Justice.

[¶ 1.] Patricia Wheeler appealed the administrative law judge’s (ALJ’s) determination that she not be allowed to aggregate her wages from three separate employments in the calculation of her Average Weekly Wage (AWW). The circuit court affirmed the ALJ’s determination. Wheeler appeals to this Court. We reverse.

Facts and Procedural History

[¶ 2.] Wheeler worked at the Cinnabon Store in the Empire Mall in Sioux Falls, South Dakota. Cinna Bakers, LLC, owns Cinnabon, which made Wheeler an employee of Cinna Bakers. Wheeler was also employed by Westside Casino and Get ‘N’…

2Cases cited16 opinions

  1. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  2. Petition of Famous Brands, Inc.South Dakota Supreme Court · 1984
  3. Caldwell v. John Morrell & Co.South Dakota Supreme Court · 1992
  4. National Amusement Co. v. Department of RevenueWisconsin Supreme Court · 1969
  5. Dahn v. TrownsellSouth Dakota Supreme Court · 1998

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Pitt-Hart v. Sanford USD Medical CenterSouth Dakota Supreme Court · 2016
  2. In re Declaratory Ruling re SDCL 62-1-1(6)South Dakota Supreme Court · 2016
  3. PLAINS COMMERCE BANK, INC. v. BECKSouth Dakota Supreme Court · 2023
  4. People Ex Rel. E.M.H.South Dakota Supreme Court · 2015
  5. Petition for Declaratory RulingSouth Dakota Supreme Court · 2016

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