Ft. Pierre Quality Construction, Inc. v. Ackley
South Dakota Supreme Court
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
- Enger v. FMCSouth Dakota Supreme Court · 2000
- Wulff v. SwansonSouth Dakota Supreme Court · 1944