Last year, the South Dakota Supreme Court ruled that an injured employee with more than one job should receive workers’ compensation payments for all the jobs he or she misses out on while injured. This year, the legislature is pushing to make the court’s decision an actual law.
It was last May when the Supreme Court decided the case of Patricia Wheeler, wherein her injury in one job rendered her unable to perform her other two jobs.
The proposed legislation was unanimously endorsed by the House Commerce and Energy Committee Jan. 27.
The bill, HB 1084, is being carried by Rep. David Anderson, R-Hudson. The State Department of Labor and Regulation is in full support of the bill, as well as a good number of employer and insurance organizations.
“I was surprised to learn they didn’t view it as something unreasonable or unfair,” mentioned Property Casualty Insurers Association of America and lawyer Mike Shaw. “We all recognize the Wheeler decision is a matter of fundamental fairness.”
South Dakota Retailers Association executive director Shawn Lyons finds the bill as a “great fix” for all parties involved.
Should the bill be enacted, the aggregation of wages will take effect when the individual’s injury prevents the employee from performing duties at other places of employment.
As of this writing, the full House of Representatives will consider the bill this week.
