Midcontinent Media, Inc. v. Wetch, 011121 SDWC, 138, 2019/20

• Case Date: January 11, 2021
• Court: South Dakota

Midcontinent Media, Inc. and Crum & Forster Commercial Ins. v. David V. Wetch No. 138, 2019/20 South Dakota Workers Compensation South Dakota Department of Labor & Regulation Division of Labor and Management January 11, 2021           David S. Barari Goodsell + Oviatt, LLP           Wm. Jason Groves Groves Law Office           Thomas J. Von Wald Boyce Law Firm LLP          RE:HF No. 138, 2019/20 – Midcontinent Media, Inc. and Crum & Forster Commercial Ins. v. David V. Wetch          Dear Mr. Barari, Mr. Groves, and Mr. Von Wald:          The Department will begin with the relevant procedural history. Midcontinent Media, Inc. and Crum & Forster Commercial Ins. (Insurer) submitted its request for hearing on March 30, 2020. David V. Wetch (Claimant) submitted a motion for summary judgment on September 16, 2020. Insurer submitted a motion to take depositions or, in the alternative, for a limited continuance on October 3, 2020. Following a telephonic conference with the parties, the Department stayed the motion for summary judgment and established the briefing schedule for the remaining motions.          This letter decision will address Insurer’s Motion to File Investigatory Records In Camera and Under Seal. All responsive briefs have been considered. Claimant has requested the Department take judicial notice of Claimant’s entire workers’ compensation file, HF #141, 2013/14; HF # 93, 1992/93. The Department takes judicial notice of the file.          Insurer has moved the Department to allow investigatory records to be submitted in camera and Under Seal because the records and files are confidential. The relevant codified law, SDCL 62-4-49 provides,

All investigative records and files relating to written requests made pursuant to § 62-4-47 are confidential. No disclosure of any such records, files, or other information may be made except as authorized in this section and § 62-4-48. The names of individuals providing evidence in support of a written request are confidential during the pendency of the request and the investigation. If the records or the testimony of the witness supplying the records are to

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