Legal Opinion · Concurrence

Ft. Pierre Quality Construction, Inc. v. Ackley

South Dakota Supreme Court

Decided March 17, 2004No. NonePublished

1Concurrence

*597AMUNDSON, Retired Justice

(concurring in result).

[¶ 16.] There is no disputing that SDCL 62-4-7, included in the chapter in the code that establishes the amount of compensation for injury, provides for a setoff when an injured employee receives both workers’ compensation benefits and social security benefits. There is also no question that the legislature deleted the reference to 62-4-7 from SDCL 62-7-6, which is set forth in the chapter dealing with the claims procedure for a lump sum settlement after the benefits paid monthly have been established under SDCL 62-4-7. Therefore, it leads the…

2Cases cited2 opinions

  1. Enger v. FMCSouth Dakota Supreme Court · 2000
  2. Wulff v. SwansonSouth Dakota Supreme Court · 1944

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