Randy Hveem
v.
Integrity Management Consulting Services, LLC and Firstcomp Insurance Co.
HF No. 162, 2016/17
South Dakota Workers Compensation
South Dakota Department of Labor & Regulation Division of Labor and Management
October 8, 2020
Brad
J. Lee Beardsley, Jensen & Lee Prof. LLC
J. G.
Shultz Woods, Fuller, Shultz & Smith PC
RE: HF
No. 162, 2016/17 – Randy Hveem v. Integrity Management
Consulting Services, LLC and Firstcomp Insurance Co.
LETTER
DECISION AND ORDER
Dear
Mr. Lee and Mr. Shultz:
This
letter addresses the following submissions by the parties:
August
19, 2020 Employer/Insurer’s Motion to Bifurcate Hearing
or in the Alternative Limit Scheduling Order Affidavit of J.
G. Shultz
September
9, 2020 Claimant’s Memorandum in Opposition to Motion
to Bifurcate Affidavit of Brad Lee
September
24, 2020 Employer/Insurer’s Reply Brief in Support of
Motion
QUESTION
PRESENTED: SHOULD THE DEPARTMENT GRANT
EMPLOYER/INSURER’S REQUEST TO BIFURCATE THIS
HEARING?
PROCEDURAL
HISTORY
Claimant
filed a petition for hearing on June 9, 2017.
Employer/Insurer filed its original answer on July 21, 2017.
After its deposition of Claimant, Employer/Insurer filed an
amended answer on August 17, 2018 in which it alleged that
Claimant was barred from recovering workers compensation
benefits due to willful misconduct or misrepresentation of
physical condition. Discovery in this case proved to be
contentious. Employer/Insurer filed a motion for a protective
order to prevent Claimant from deposing Insurer’s
claims adjuster and to prevent Claimant from obtaining access
to its claims file. On November 6, 2018, the Department
granted Employer/Insurer’s Motion for a Protective
Order. Claimant then filed an intermediate appeal to circuit
court. On July 11, 2019, the Honorable Judge Heidi Linngren
of the Seventh Circuit reversed the Department’s order
and remanded the case to the Department for further
consideration of the motion. The parties had limited contact
with the...
