Thomas v. Custer State Hospital

(specially concurring).

SDCL 62-7-6 provides statutory guidance for a lump-sum distribution or computation of unpaid weekly compensation benefits which may be awarded. In fact, it is the only statutory guidance.

A simple criteria is expressed therein, namely what is “in the best interests of the employee?” (Emphasis supplied mine.) Although I generally agree with the legal rationale and result in this case, due to the request for a cash advance for travel, it strikes me that the majority opinion is vented toward a financial analysis. For example, can it be said the “best interests of the…