Heinzerling Concrete, LLC v. Baldridge, 020320 SDWC, 102, 2018/19

• Case Date: February 03, 2020
• Court: South Dakota

Heinzerling Concrete, LLC and Acuity v. Christopher Baldridge HF No. 102, 2018/19 South Dakota Workers Compensation South Dakota Department of Labor & Regulation Division of Labor and Management February 3, 2020           Charles A. Larson Brian A. Zielinski Boyce Law Firm, LLP           John Stanton Dorsey Whiting, Hagg, Hagg, Dorsey & Hagg, LLP          RE: HF No. 102, 2018/19 – Heinzerling Concrete, LLC and Acuity v. Christopher Baldridge          LETTER DECISION          Dear Mr. Larson and Mr. Dorsey,          This letter addresses the following submissions by the parties:

October 15, 2019 Motion for Summary Judgment; Brief in Support of Motion for Summary Judgment; Affidavit of Jessalyn Ericsson in Support of Motion for Summary Judgment; Affidavit of Brian A. Zielinski in Support of Motion for Summary Judgment;

November 14, 2019 Claimant’s Response to Employer/Insurer’s Motion for Summary Judgment; and

November 27, 2019 Employer and Insurer’s Reply Brief in Support of Motion for Summary Judgment.

         Heinzerling Concrete, LLC and Acuity (Employer/Insurer) have moved the Department of Labor & Regulation (Department) for summary judgment in this matter, asserting that Christopher Baldridge (Baldridge) has committed fraud in securing workers’ compensation benefits.          BACKGROUND          Baldridge sustained a work injury to his left foot on October 12, 2017. Employer/Insurer accepted the claim as compensable and paid both medical and indemnity benefits. Baldridge complained of pain and issues to his medical providers, as documented in the medical records.          Employer/Insurer filed a Petition for Hearing on March 28, 2019, asserting that Baldridge committed fraud in securing workers' compensation benefits. Employer/Insurer served Baldridge with requests for admissions on April 25, 2019. The requests for admission were based in large part on surveillance. The requests asked Baldridge to admit he was able to bear full weight on his left leg, ambulate without assistance, and stand without assistance on February 20, 22, and 23, 2018. Baldridge was further asked to admit that he presented to medical appointments in a CAM boot. Baldridge was then asked to admit that he required assistance of a wheelchair on July 13, 2018, at his medical visit. Based on surveillance of Baldridge working construction after being wheeled out of his medical appointment, he was then asked to admit that he was able to bear full weight on his left leg, walk without assistance, use stairs, a step ladder, scaffolding, and various constructions tools on July 13, 14, and 15, 2018.          Baldridge was further asked to admit to Dr. R¡pperda that he had limited mobility within his home and did not do any walking outside except to get the mail, and that he used a knee scooter to go long distances. Baldridge was on surveillance working out at a gym and was...