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THYEN v. HUBBARD FEEDS, INC.

No. 25906.

804 N.W.2d 435 (2011)

2011 S.D. 61

David THYEN, Claimant and Appellant, v. HUBBARD FEEDS, INC., Employer and Appellee, and Sentry Insurance, Insurer and Appellee.

Supreme Court of South Dakota.

Decided September 21, 2011.

Attorney(s) appearing for the Case

Ronald L. Schulz , Watertown, South Dakota, Attorney for claimant and appellant.

Michael S. McKnight , William J. Gassen, III of Boyce, Greenfield, Pashby & Welk, LLP, Sioux Falls, South Dakota, Attorneys for employer, insurer, and appellees.

KONENKAMP, Justice.

[¶ 1.] In this workers' compensation appeal, we reverse and remand for a new hearing before the Department of Labor to consider the employee's claim that the employer intentionally destroyed relevant evidence that would have assisted the employee in establishing causation for his injuries.

Background

[¶ 2.] Claimant, David Thyen, has worked for Hubbard Feeds, Inc. since January 30, 2003, as a mix operator. In addition...

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