Legal Opinion
Andreson v. Brink Electric Construction Co.
South Dakota Supreme Court
Decided August 13, 1997No. NonePublishedCited by 8 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] Troy Andreson, a lineman for Brink Electric, was injured on the job when a Black Hills Power & Light Company (BHPL) truck hit him. He received workers’ compensation benefits, but also won a $35,000 judgment in his tort action against BHPL. Rather than accepting the judgment amount, can he choose to seek continued workers’ compensation? The Department of Labor held in the negative, and we affirm, finding Andreson effectively “collected” under SDCL 62-4-38 in obtaining a judgment against the tortfea-sor, barring further workers’ compensation recovery.
Facts
[¶2.] On…
2Cases cited24 opinions
- US West Communications, Inc. v. Public Utilities CommissionSouth Dakota Supreme Court · 1993
- Caldwell v. John Morrell & Co.South Dakota Supreme Court · 1992
- At & T Information Systems v. South Dakota State Board of EqualizationSouth Dakota Supreme Court · 1987
- Gottschalk v. EIEGGSouth Dakota Supreme Court · 1975
- Appeal of SchrammSouth Dakota Supreme Court · 1987
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3Cited by8 opinions
- Faircloth v. Raven Industries, Inc.South Dakota Supreme Court · 2000
- Brennan v. Western National Mutual InsuranceDistrict Court, D. South Dakota · 2001
- Kaiser v. North River Insurance Co.South Dakota Supreme Court · 2000
- Luze v. New Fb Co.South Dakota Supreme Court · 2020
- Ernst v. South Dakota Department of Revenue & RegulationSouth Dakota Supreme Court · 2004
3 more not listed; retrieve them via the Exa API.