South Dakota Subsequent Injury Fund, Appellant v. Casualty Reciprocal Exchange and Dakota Truck Underwriters, Appellees

Summary

The South Dakota Supreme Court affirmed the Department of Labor’s determination that the 1995 amendment to SDCL 62‑4‑34 eliminated the requirement that a pre‑existing condition be disabling before an employer may be reimbursed from the Subsequent Injury Fund, and held that the insurers had shown their employees suffered subsequent injuries within the Fund’s meaning.