David W. Wetch
v.
Midcontinent Media, Inc. and Crum & Forster Commercial Ins.
HF No. 141, 2013/14
South Dakota Workers Compensation
December 1, 2019
David
S. Barari Goodsell Quinn LLP
Jason
Groves Groves Law Office
Thomas
J. Von Wald Boyce Law Firm LLP
RE: HF
No. 141, 2013/14 – David W. Wetch v. Midcontinent
Media, Inc. and Crum & Forster Commercial Ins.
Joe
Thronson, Administrative Law Judge.
Dear
Mr. Barari, Mr. Groves, and Mr. Von Wald:
This
letter addresses the following submissions by the parties:
August
15, 2019 Employer/Insurer’s Motion for Factual
Determination Regarding Supervised Living Accommodations
Affidavit
of Thomas Von Wald
September
9, 2019 Claimant’s Response to Motion for Factual
Determination Affidavit of David S. Barari
September
30, 2019 Employer/Insurer’s Reply Brief, Supplemental
Affidavit of Thomas Von Wald
In
addition, a hearing was held April 18, 2018, before the
Department of Labor and Regulation, ALJ Joe Thronson
presiding. David S. Barari and Jason Groves appeared on
behalf of Claimant and Richard Travis appeared telephonically
on behalf of Employer/Insurer.
ISSUE
PRESENTED: SHOULD THE DEPARTMENT RENDER A DETERMINATION ON
THE SUFFICIENCY OF CLAIMANT’S SUPERVISED LIVING
ACCOMMODATIONS?
FACTS
As part
of his treatment, Claimant has been receiving assistance from
in-home care aides. Beginning in December 2018, HomeInstead,
a third-party entity, began providing one care giver for
around- the-clock care. In addition, it also provided a
second care giver between the hours of 8:00 AM and noon, and
again between 8:00 PM and midnight. In March 2019, Claimant
requested HomeInstead to increase coverage to two caregivers
to provide twenty-four-hour care.
A short
time later, HomeInstead began reporting to Insurer instances
in which Claimant was belligerent and threatening towards
staff. The staff claimed that Claimant would often refuse...
