Two new decisions today by SD Supreme Court

 

The SD Supreme Court handed down two decisions this morning:

1. Letter to Work Comp Insurer did not constitute Petition for Review; and
2. Termination of Joint Tenancy without notice and hearing reversed

 

Summaries follows:

 MAY v. SPEARFISH PELLETT CO., LLC, 2021 S.D. 48:  Injured employee sent a letter to work comp insurer seeking a review of its determination as to the extent of compensation benefits it was paying.  Employee also sent copy of this letter to SD Dept. of Labor.  DOL did not treat the letter as a Petition for Hearing.  Some 4 years later employee requested the DOL to treat the letter as a Petition for Hearing.  The DOL denied the request. The lower court affirmed.  And, the SD Supreme Court affirmed, holding:

 

[¶13.] Due to the stated inadequacies, the Department and the circuit court did not err by determining that the February 2014 letter was not a petition for hearing under ARSD 47:03:01:02. We affirm the circuit court’s decision.

 

This ruling is unanimous (5-0) with opinion authored by Justice Myren.

 

ESTATE OF PETRIK, 2021 S.D. 49:  This a dispute following the death of Mother who had 5 children.  Mother owned substantial amount of real estate in Charles Mix County.  Part of her real estate was held in joint tenancy with a son who died subsequent to Mother’s death.  The trial court terminated the “joint tenancy” on this property without notice and hearing to affected parties.  The SD Supreme Court reversed and remanded.  This ruling is unanimous (4-0) with opinion authored by Justice Salter.  Justice Kern did not participate in this case. 

 

These decisions may be accessed at

http://ujs.sd.gov/Supreme_Court/opinions.aspx .