Michael A. Caldwell, Claimant and Appellant v. John Morrell & Company, Employer/self-Insurer and Appellee, And…

Summary

The South Dakota Supreme Court affirmed that the employee proved his injury arose out of his joint employment, reversed the lower courts on several statutory interpretations, and remanded for further determination on expert testimony and credit for sick‑leave benefits. It held that earnings from a temporary second job and post‑injury wage concessions must be included in calculating temporary partial disability benefits, and that expert testimony is ordinarily required for a loss‑of‑use permanent partial disability rating.