Whitney v. AGSCO DAKOTA

MILLER, Justice.

This is a worker’s compensation case in which we hold that (1) the Department of Labor failed to properly reserve jurisdiction over the issue of permanent total disability, and (2) a showing of “economic” change does not qualify as a “change in condition” within the contemplation of SDCL 62-7-33, which statute allows Department to reopen and review an original award of disability. We thus affirm the circuit court’s reversal of Department’s ruling.

PACTS

Appellant Delton R. Whitney began working for appellee AGSCO Dakota in March, 1968. AGSCO was a quartz stone screening…