Whitesell v. Rapid Soft Water & Spas Inc.

SEVERSON, Justice.

[¶ 1.] Rapid Soft Water & Spas, Inc., Acuity, and Zurich North America (collectively “Employer”) appeal the Seventh Judicial Circuit Court’s reversal of a Department of Labor’s (Department) determination that Employer fulfilled its reimbursement obligation under SDCL 62-1-1.3. We reverse the circuit court.

Background

[¶ 2.] Jeffrey Whitesell suffered a cervical injury at work. Employer accepted a workers’ compensation claim from White-sell but later denied compensation based on a medical opinion that Whitesell’s injury did not remain a major contributing cause of his…