State Auto Insurance Companies v. Hansen, 011321 SDWC, 53, 2019/20

• Case Date: January 13, 2021
• Court: South Dakota

State Auto Insurance Companies v. Aaron Hansen HF No. 53, 2019/20 South Dakota Workers Compensation South Dakota Department of Labor & Regulation Division of Labor and Management January 13, 2021           J. G. Shultz Woods, Fuller, Shultz & Smith, PC           Seamus W. Culhane Turbak Law Office, PC          RE: HF No. 53, 2019/20 – State Auto Insurance Companies v. Aaron Hansen          Dear Mr. Shultz and Mr. Culhane,          This letter will address Insurer’s Motion for Terms and Claimant’s Motion for Attorney’s Fees and Disbursements. All responsive briefs have been considered. Aaron Hansen (Claimant) was driving when his vehicle was rear-ended by a semi-tractor and trailer on February 21, 2019. His blood alcohol level was .055. Claimant’s supervisor, Eric Meyer (Meyer) was a passenger in the vehicle. Both men were injured. State Auto Insurance Companies (Insurer) filed a Petition for Hearing alleging that Claimant was not in the course and scope of his employment at the time of the accident. Claimant filed a Motion to Dismiss the Petition, which was denied by order dated May 20, 2020.          On October 6, 2020, counsel for Insurer, J.G. Shultz (Shultz) traveled to Watertown, South Dakota from Sioux Falls, South Dakota to attend the noticed deposition of Claimant. When Shultz appeared at the deposition, he discovered that in attendance were not only Claimant and his attorney, Seamus Culhane (Culhane), but also Meyer. The deposition did not proceed because Culhane refused to instruct Meyer to sequester himself from the deposition. The present motions followed.          Insurer argues that under SDCL 19-19-615, a request for sequestration of witnesses would be granted to any person unless one of the listed exceptions applied. SDCL 19-19-615 provides,

At a party's request, the court must order witnesses excluded so that they cannot hear other witnesses' testimony. Or. the court may do so on its own. But this rule does not authorize excluding:

(a) A party who is a natural person;

(b) An officer or employee of a party that is not a natural person, after being designated as the party's

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