Legal Opinion

Wellman v. SCHAD EXCAVATION, LLC

South Dakota Supreme Court

Decided June 17, 2009No. 25013PublishedCited by 1 opinion

1Opinion of the Court

SEVERSON, Justice.

[¶ 1.] Lance Wellman appeals the denial of temporary partial disability benefits. We affirm.

FACTS

[¶ 2.] Wellman suffered a compensable injury when he fractured his left fibula while working for Schad Excavation, LLC (Employer) on May 3, 2005. At the time, he was earning $15 per hour. Wellman received medical treatment from Dr. Stewart Fromm and was off work until May 23, 2005. Wellman’s benefit rate was $400 per week, and he received temporary total disability (TTD) benefits from May 4, 2005 through May 31, 2005.

[¶ 3.] On May 23, 2005, Dr. Fromm released Wellman to return to…

2Cases cited19 opinions

  1. Seagraves v. Austin Co. of GreensboroCourt of Appeals of North Carolina · 1996
  2. Day v. John Morrell & Co.South Dakota Supreme Court · 1992
  3. Wendt v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1991
  4. Guico v. Excel Corp.Nebraska Supreme Court · 2000
  5. Marsolek v. George A. Hormel & Co.Supreme Court of Minnesota · 1989

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3Cited by1 opinion

  1. McKibben v. Horton Vehicle Components, Inc.South Dakota Supreme Court · 2009

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