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Steinberg v. South Dakota Department of Military and Veterans Affairs3/15/2000
Appeal from the Sixth Judicial Circuit, Hughes County, SD
Hon. Steven L. Zinter, Judge
Reversed
Considered on Briefs Jan 10, 2000; Opinion Filed Mar 15, 2000
[ ] Edna K. Steinberg (Steinberg) appeals the circuit court's order dismissing her claim for workers' compensation benefits pursuant to SDCL 62-1-1(7). We reverse.
FACTS AND PROCEDURE
[ ] The material facts of this case are undisputed. At the time of Steinberg's injury , she was employed at Camp Rapid in Rapid City, South Dakota. Camp Rapid is administered by the Department of Military and Veteran's Affairs of the State of South Dakota (DMVA). She had fixed hours of employment from 7:00 a.m. to 4:00 p.m., with an unpaid lunch break from 12:00 p.m. to 1:00 p.m. On March 3, 1997, shortly after 12:00 p.m., Steinberg left her office during her lunch period. She was free to leave the base as there was nothing about her duties that required her to stay over the lunch hour. She planned to walk to where her car was parked between Buildings 703 and 704 of the camp, and then drive over to her husband's workplace, also at Camp Rapid. Steinberg's office was located in Building 603 of the camp, and as she stepped onto the road between Building 603 and Building 703, she slipped and fell on some "black" ice.
[ ] It had begun snowing at approximately 9:00 a.m. that morning. Snowplows had cleared the street in front of Building 603 approximately one hour before Steinberg's accident. However, the road was neither sanded nor salted. The roads contained within the confines of Camp Rapid are generally open to the public and were so on the day of the injury .
[ ] When Steinberg fell to the ground, her head hit the asphalt, and she was knocked unconscious for approximately one minute. Within ten minutes of the fall, Steinberg began to feel dizzy, experience lower back pain and pain around her neck and shoulders. She immediately sought medical attention. On March 4, 1997 Steinberg timely informed her supervisor of her injury . Steinberg subsequently sought treatment through physical therapy; however, it did not seem to help her shoulder and neck pain. She was then referred to Dr. Seljeskog, who had MRI's taken and discovered two discs in her neck were out of alignment. Steinberg underwent surgery to have the two discs removed.
[ ] DMVA denied liability for Steinberg's injury . Steinberg brought a claim for workers' compensation benefits before the Department of Labor (Department). The Department entered its decision and an order and findings of fact and conclusions of law on June 2, 1998, finding Steinberg as a matter of law, had sustained a compensable injury arising out of and in the course of her employment with DMVA. DMVA subsequently appealed to the Hughes County Circuit Court. The circuit court ruled the Department had applied the incorrect test for the "arising out of" element of SDCL 62-1-1(7), and that the 1995 amendment to the statute required an injury arise out of the employment by a "major contributing cause." Thus, the circuit court remanded the case back to the Department. The Department applied the circuit court's standard and found Steinberg's injury arose out of her employment under this standard as well. Upon DMVA's second appeal to circuit court, the court reversed the Department's ruling dismissing Steinberg's claim in its entirety. Steinberg appeals, raising the following issues for our consideration:
1. Whether SDCL 62-1-1(7) requires a workers' compensation claimant to prove, by a standard of "major contributing cause," that an injury arose out of employment.
2. Whether Steinberg's injury arose out of her employme
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