Randy Peters
v.
Reede Construction, Inc. and Twin City Fire Insurance Company
HF No. 124, 2018/19
South Dakota Workers Compensation
South Dakota Department of Labor & Regulation Division of Labor and Management
October 19, 2020
Brad
J. Lee Beardsley, Jensen & Lee, Prof. LLC
Jennifer L. Wosje Woods, Fuller, Shultz & Smith, PC
RE:
HF No. 124, 2018/19 – Randy Peters v. Reede
Construction, Inc. and Twin City Fire Insurance Company
AMENDED
DECISION
Dear
Mr. Lee and Ms. Wosje:
This
letter decision will address Claimant’s Motion for
Summary Judgment submitted July 22, 2020; Employer and
Insurer’s Motion for Bifurcation submitted August 5,
2020; Employer and Insurer’s Opposition to
Claimant’s Motion for Summary Judgment submitted August
26, 2020; Claimant’s Memorandum in Opposition to
Employer/Insurer’s Motion for Bifurcation submitted
August 31, 2020; Employer and Insurer’s Reply in
Support of Motion for Bifurcation and Claimant’s Reply
in Support of Motion for Summary Judgment submitted September
11, 2020. All submissions and supporting documents have been
considered.
On
November 12, 2018, Randy Peters (Claimant or Peters) was
employed by Reede Construction (Employer) which was, at all
times pertinent, insured for workers’ compensation
purposes by Twin City Fire Insurance Company (Insurer). He
was working road construction near Belvidere, South Dakota.
Around 6:00 P.M., Peters loaded his dump truck and headed
towards the Belvidere Dam. After dumping the final load,
Peters departed and headed back towards Kadoka, South Dakota.
Peters
chose to take Highway 248 towards Kadoka. It was dark
outside, and the dump truck Peters was driving only had one
headlight. Peters was aware that there was a paver ahead on
Highway 248 so he exited from the highway onto the haul road
that ran parallel to Highway 248. Peters was also aware that
there was a road groomer on the side of the road about a mile
ahead of him. However, someone had swung a conveyer belt out
blocking the entire haul road. Traveling at 55 mph, Peters
noticed the conveyor belt and immediately began braking and
turning the steering wheel in an attempt to avoid hitting the
conveyor belt. Peters was unable to avoid the conveyor belt,
and almost the entire driver’s side of the cab of the
dump truck was obliterated on contact. Peters was trapped in
the cab of the crushed dump truck for over two hours, until
the cab was pried open and he was removed from the vehicle.
He was then Life Flighted to Rapid City, South Dakota. Peters
sustained a left interochanteric femur fracture, left distal
femur fracture, left tibial plateau fracture, multiple
fractured ribs, and multiple abrasions. On the same day, he
underwent surgery at Rapid City Regional hospital to repair
his left femur. Insurer denied Peters workers’
compensation benefits on December 21, 2018. The basis for the
denial was a drug screening that was performed two days after
the accident which had indicated that Peters tested positive
for amphetamine and methamphetamine...
