WHITNEY v. AGSCO DAKOTA

No. 16757.

453 N.W.2d 847 (1990)

Delton R. WHITNEY, Plaintiff and Appellant, v. AGSCO DAKOTA, Employer, and Northbrook Property and Casualty, Insurer, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 4, 1990.


Attorney(s) appearing for the Case

William Jason Groves, Rapid City, for plaintiff and appellant.

Gary P. Thimsen of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendants and appellees.


MILLER, Justice.

This is a worker's compensation case in which we hold that (1) the Department of Labor failed to properly reserve jurisdiction over the issue of permanent total disability, and (2) a showing of "economic" change does not qualify as a "change in condition" within the contemplation of SDCL 62-7-33, which statute allows Department to reopen and review an original award of disability. We thus affirm the circuit court's reversal of Department's ruling...

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