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HEIN v. ACUITY

No. 23903.

731 N.W.2d 231 (2007)

2007 SD 40

Wynnette HEIN, Plaintiff and Appellant, v. ACUITY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 18, 2007.

Attorney(s) appearing for the Case

James D. Leach, Rapid City, South Dakota, Attorney for plaintiff and appellant.

Susan Brunick Simons, Kristi Geisler Holm, of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In a workers' compensation case, can a claimant maintain a separate action for bad faith solely on the basis of unreasonable conduct by the employer's insurer, absent proof of any wrongful denial of benefits? After receiving benefits for a job-related injury, the claimant sought rehabilitation benefits and the insurer denied her request. The claimant petitioned pro se for benefits with the Department of Labor and the insurer...

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