Ft. Pierre Quality Construction, Inc. v. Ackley

GILBERTSON, Chief Justice.

[¶ 1.] A circuit court determined that the Department of Labor was obligated to consider and apply Social Security old-age benefits as an offset when calculating future worker’s compensation benefits. This holding reversed a decision of the Department of Labor. We now reverse and reinstate the Department of Labor decision.

FACTS AND PROCEDURE

[¶2.] John Ackley worked for Ft. Pierre Quality Construction (Employer) for thirty-nine years performing concrete work. On February 28, 2002, the Department of Labor (Department) awarded Ack-ley permanent and total disability…