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Steinberg v. South Dakota Department of Military and Veterans Affairs3/15/2000
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[ ] We decline to accept DMVA's "increased risk" doctrine argument for another reason. This argument creates a danger of imposing a requirement of faultfinding on the part of an employer. One of the primary purposes of "the South Dakota Worker's Compensation Act is to provide an injured employee with a remedy which is both expeditious and independent of proof of fault." Sowards v. Hills Materials Co., 521 NW2d 649, 652 (SD 1994) (citing Scissons v. City of Rapid City, 251 NW2d 681, 686 (SD 1977)) (emphasis added). See also Iddings v. Mee-Lee, 919 P2d 263, 270 (Haw 1996) (quoting 2 Larson's Workers' Compensation Law ยง 72.22, at 14-152) (explaining the purpose of employer's immunity from common law actions under workers' compensation scheme is quid pro quo by which the employer gives up normal defenses and assumes automatic liability while the employee gives up the right to common law verdicts). Under the workers' compensation acts, the theory of negligence as the basis of liability is discarded. Keil, 355 NW2d at 530. Under the Workmen's Compensation Act, the employee may recover for all injuries arising out of and in the course of employment, regardless of any actionable fault upon the part of the employer. Stevenson v. Douros, 58 SD 268, 235 NW 707, 708 (1931).
[ ] The danger can be seen in DMVA's argument that it "had been making reasonable efforts to remove snow and ice from the street upon which [Steinberg] fell. [DMVA] had plowed the street within one hour prior to [Steinberg's] fall." Steinberg in her appellate brief counters with the fact that DMVA had failed to salt or sand the streets within Camp Rapid, and thus she was subjected to a hazard greater than the general public.
[ ] In this case, Steinberg opted to bring a workers' compensation claim against State, thus, DMVA is not allowed to shift the "blame" from itself by arguing it did everything reasonable to remove the snow where Steinberg fell. Whether DMVA was or was not negligent in its snow clearance on the road where Steinberg fell, is thus entirely irrelevant to the issue of compensability. If the injured employee can prove the injury arose out of and in the course of employment, and that employment related incident was a major contributing cause of the resulting condition, the employer's liability is established.
[ ] In this case, it was solely Steinberg's employment, and the necessary incident of that employment that Steinberg obtain lunch in the middle of her assigned hours, that caused Steinberg to be on this ice on her employer's premises. We reverse and remand for further proceedings consistent with this opinion.
[ ] MILLER, Chief Justice, and SABERS, AMUNDSON and KONENKAMP, Justices, concur.
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