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St. Luke's Midland Regional Medical Center v. Kennedy11/13/2002
at St. Luke's and were recurrences. "In successive injury cases, the original employer/insurer remains liable if the second injury is a mere recurrence of the first." Schuck, 529 NW2d at 900.
CONCLUSION
Because this case essentially turns on a factual determination, DOL's ruling will stand unless clearly erroneous. Nothing in the record indicates that is the case. Therefore, the findings and conclusions of DOL are affirmed and the judgment of the circuit court is reversed.
GILBERTSON, Chief Justice, and KONENKAMP, Justice, and MILLER, Retired Justice, concur.
AMUNDSON, Retired Justice, dissents.
VON WALD, Circuit Judge, for SABERS, Justice, disqualified.
MILLER, Retired Justice for ZINTER, Justice, disqualified. AMUNDSON, Retired Justice (dissenting).
In administrative appeals, we have held that in order for there to be a meaningful appellate review where the trial court has reversed the administrative agency's decision, Findings of Fact and Conclusions of Law must be entered by the trial court. Schroeder v. Dept of Soc. Serv., 529 NW2d 589, 591 (SD 1995).
A review of this record reveals a circuit court Order signed Nov. 13, 2001, which states that the circuit court has entered its Findings of Fact and Conclusions of Law setting forth its rationale for reversal of the Department's Findings of Fact and Conclusions of Law signed June 30, 2000. The record does not contain the Findings of Fact and Conclusions of Law as mentioned in the circuit court's Order.
In order for this meaningful appellate review, the circuit court's Findings of Fact and Conclusions of Law must be in the record before we can render our decision. Therefore, I would remand this case so that the circuit court's Findings of Fact and Conclusions of Law can be incorporated into the record. In the event no Findings of Fact and Conclusions of Law have been prepared it is necessary that such be completed so that this meaningful review may be made by this Court.
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