Mary Lou Trimble
v.
Rapid City Regional Hospital and Hartford Insurance Company of the Midwest
HF No. 19, 2015/16
South Dakota Workers Compensation
December 27, 2016
Brad
J. Lee Beardsley Jensen & Lee LLC
Jennifer L. VanAnne Woods Fuller Shultz & Smith PC
LETTER DECISION AND ORDER
Counsel:
This
letter addresses Claimant's Motion for Order That
Employer and Insurer May Not Terminate Benefits Except
Pursuant to SDCL 62-7-33, filed on April 21, 2016.
Employer/Insurer responded to the Motion on June 9, 2016, and
Claimant replied June 21, 2016.
The
Department approved an agreement submitted by the parties
pursuant to SDCL 62-7-5 on July 10, 2013. Among other things,
the agreement recites:
1. On
November 22, 2010, Claimant slipped and fell on the ice and
snow while getting out of her personal vehicle;
2.
Claimant was an employee of Employer at the time;
3.
Claimant had preexisting low back problems which she asserted
were aggravated in the claimed injury;
4.
Claimant claimed a new low back injury and knee injury as a
result of her claimed injury;
5.
Employer disputed Claimant's claim of new injuries to her
back or knee stemming from her claimed injury;
6.
Claimant asserted she was entitled to reimbursement for
medial meniscus and total knee replacement surgery due to her
claimed injury;
7.
Claimant asserted she was entitled to temporary disability
and permanent total disability benefits due to her claimed
injury;
8. The
agreement said it was a "compromise of doubtful and
disputed claims and that the payment of the above-mentioned
sum of money is not to be construed as an admission of
liability on the part of the persons, firms and corporations
hereby released, by whom liability is expressly denied";
9.
Claimant received $180,000 "in exchange for full, final
and complete release of all claims under South Dakota law
relative to her November 22, 2010 slip and fall," and in
exchange waived her rights to any form of indemnity claim,
while leaving open her medical claims;
...
