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Lends His Horse v. Myrl & Roy's Paving11/21/2000
sses to determine whether a claimant has made a prima facie case. Johnson, supra, at ; Peterson, supra, at 234. Granted there are certain burdens of production that each party must meet. Shepherd, supra, at 918-19. Nevertheless, this process of shifting evidentiary burdens should not replace nor hinder the ultimate substantive burden placed on Claimant. Id. As we have said before, the "Department's determination that claimant failed to make the required prima facie showing will not be overturned unless we find that the determination was 'clearly erroneous.'" Shepherd, supra, at 919. After reviewing all the evidence, it cannot be said, "we are left with a definite and firm conviction that a mistake has been made." Sopko, 1998 SD 8, , 575 NW2d at 228; Day, 490 NW2d at 723. Due to the deference given the Department and the substantial amount of evidence contrary to Claimant's position, we will "not substitute our judgment for that of [Department] on the weight of the evidence." Shepherd, supra, at 919.
[ ] In accordance with SDCL 1-26-36, the circuit court "shall enter its own findings of fact and conclusions of law or may affirm the findings and conclusions of law or may affirm the findings and conclusions entered by the agency as part of its judgment." See Schroeder v. DSS, 529 NW2d 589, 591 (SD 1995); State, Div. of Human Rights v. Miller, 349 NW2d 42, 45 (SD 1984). SDCL 1-26-36 "requires the circuit court to make findings or fact and conclusions of law if it modifies or reverses the agency." Miller, 349 NW2d at 45. Without specific findings made by the circuit court, meaningful appellate review is compromised.
[ ] If we followed the process employed and defended by Claimant, the hearing would be divided into three distinct stages: the prima facie stage of claimant, the burden of production stage of employer, and the ultimate burden of persuasion stage by claimant. No authority exists for such a rigid tripartite process. Bifurcation of an administrative hearing is unnecessary. A party's opportunity to challenge its opponent's evidence is essential to the adversarial process and a party need not sit on its hands until the burden of production shifts. An administrative hearing is no place for hyper-technical, nice distinctions that slow the very process for which it was created. The purpose of the administrative hearing in workers' compensation is to dispense cases in an efficient, speedy, and fair manner. In order to accomplish this purpose, the claimant's credibility must be in issue throughout the proceeding. This is especially true when the credibility as to claimant's pain is the threshold and ultimate hurdle.
[ ] We reverse and reinstate the Department's decision, as there is ample support for it in the record. Thus, the remaining issues need not be addressed.
[ ] MILLER, Chief Justice, and SABERS, KONENKAMP, and GILBERTSON, Justices, concur.
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