Ofstad v. South Dakota Department of Transportation

WUEST, Justice.

In this appeal Carl A. Ofstad Jr. (employee), an employee of the South Dakota Department of Transportation, State Highway Division (employer), was awarded worker’s compensation benefits and attorneys’ fees by an administrative hearing examiner. The circuit court reversed the hearing examiner’s award of attorneys’ fees. We affirm.

Employee injured his back while working for employer. As employee’s treatment continued, employer paid partial disability benefits for a time. Nearly two years after the injury employer determined that employee did not qualify for benefits because…