Blomquist v. Wheeler Manufacturing Company, Inc., 011520 SDWC, 50, 2016/17

• Case Date: January 15, 2020
• Court: South Dakota

Daniel Blomquist v. Wheeler Manufacturing Company, Inc. and Hartford Accident and Indemnity Company and Phoenix Insurance Company And Hartford Accident HF No. 50, 2016/17 South Dakota Workers Compensation South Dakota Department of Labor & Regulation Division of Labor and Management January 15, 2020           Thomas J. Von Wald Boyce Law Firm, LLP           Michael J. Simpson Julius & Simpson, LLP           Richard L. Travis May & Johnson, PC RE: HF No. 50, 2016/17 – Daniel Blomquist v. Wheeler Manufacturing Company, Inc. and Hartford Accident and Indemnity Company and Phoenix Insurance Company          LETTER DECISION          Dear Mr. Von Wald, Mr. Simpson, and Mr. Travis:          This letter addresses the following submissions by the parties:

November 20, 2019 Phoenix Insurance Company’s Brief in Support of SDCL 62-7-38 Coverage Adjudication; Affidavit of Thomas J. Von Wald in Support of Phoenix Insurance Company’s Brief in Support of SDCL 62-7-38 Coverage Adjudication;

November 21, 2019 Brief of Hartford Accident and Indemnity Company to Determine Payment of Benefits Pursuant to SDCL 62-7-38;

December 5, 2019 Phoenix Insurance Company’s Response to Hartford’s Brief to Determine Payment of Benefits Pursuant to SDCL 62-7-38;

December 9, 2019 Reply Brief of Hartford Accident and Indemnity Company to Determine Payment of Benefits Pursuant to SDCL 62-7-38.

         Phoenix Insurance Company (Phoenix) and Hartford Accident and Indemnity Company (Hartford) have conceded that Daniel Blomquist (Blomqu¡st) is entitled to permanent total disability benefits. Pursuant to SDCL 62-4-53, the parties have entered into a Stipulation agreeing that Phoenix and Hartford would equally split payment of benefits and costs to Blomqu¡st. Phoenix and Hartford further agreed to equally split the future costs of any reasonable and necessary medical treatment casually related to Blomquist's work injury. The parties disagree as to which insurer is ultimately responsible for paying these benefits and have agreed that the Department of Labor & Regulation (Labor) would reserve jurisdiction to resolve...