Laplante v. GGNSC Madison, S.D.Annotate this Case
The Supreme Court reversed the judgment of the circuit court affirming the decision of the South Dakota Department of Labor dismissing Plaintiff's petition seeking workers' compensation benefits for lack of prosecution, holding that Plaintiff engaged in activity within a year before the motion to dismiss was filed.
Plaintiff filed a petition with the Department seeking disability benefits and medical expenses arising from her workplace injury. Eventually, Employer/Insurer filed a motion to dismiss for lack of prosecution under ARSD 47:03:01:09, asserting that there had been no activity for at least one year and that Plaintiff had failed to show good cause for the delay. The Department granted the motion to dismiss. The Supreme Court reversed, holding that the Department abused its discretion in dismissing the appeal because its decision was based upon its erroneous conclusion that Plaintiff's participation in a vocational rehabilitation program was not "activity" under ARSD 47:03:01:09.