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Zuke v. Presentation Sisters Inc.3/10/1999
e plaintiff is entitled to benefits. This threshold issue must be decided within the worker's compensation forum. Such a requirement furthers the goal behind the worker's compensation laws in having a claimant's entitlement to benefits properly determined by the agency which has the most experience and expertise in dealing with these type of issues. Requiring a claimant to proceed to the department of labor promotes efficiency, keeps the administrative and judicial functions separate, and discourages plaintiffs from waiting until the statute of limitations has run on their administrative claims and bringing tort claims in an attempt to get a more generous award. Therefore, only after a worker's compensation claimant has exhausted her remedies under the South Dakota Worker's Compensation statutes may a trial court hear her bad faith claim for denial or worker's compensation benefits.
[ ] We need not address the remaining issues presented by Zuke as we find she was required to exhaust her administrative remedies with the department of labor before proceeding with this cause of action in state court. The decision of the trial court granting summary judgment is affirmed.
[ ] MILLER, Chief Justice, AMUNDSON, KONENKAMP and GILBERTSON, Justices, concur.
[ ] ANDERSON, Lee D., Circuit Judge, for SABERS, Justice, disqualified.
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