Dittman v. Rapid City School District, 061520 SDWC, 61, 2017-18

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

Melissa Dittman v. Rapid City School District v. Dakota Truck Underwriters Truck Underwriters HF No. 61, 2017-18 South Dakota Workers Compensation South Dakota Department of Labor & Regulation Division of Labor and Management June 15, 2020           James D. Leach, Attorney at Law           Kristi Geisler Holm, Davenport, Evans, Hurwitz & Smith, LLP          RE: HF No. 61, 2017/18 – Melissa Dittman v. Rapid City School District v. Dakota Truck Underwriters          AMENDED LETTER DECISION ON MOTION TO FILE AMENDED ANSWER           Michelle M. Faw Administrative Law Judge          Dear Mr. Leach and Ms. Holm:          This letter decision is regarding Employer and Insurer’s Motion to File Amended Answer submitted on April 20, 2020; Claimant’s Objection to Employer and Insurer’s Motion for Leave to File Amended Answer submitted April 23, 2020; and Employer and Insurer’s Reply Brief in Support of Motion to File Amended Answer submitted May 15, 2020.          The Department previously issued a decision in this matter which was appealed to the Circuit Court. The Circuit Court issued its Order affirming in part, reversing in part, and remanding this matter for further proceedings.          Employer and Insurer have moved the Department for leave to file an amended Answer pursuant to SDCL 15-6-15(a), which states:

A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has neither been placed upon the trial calendar, nor an order made setting a date for trial, he may so amend it at any time within twenty days after it is served. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

Employer and Insurer...