Hanten v. Palace Builders, Inc.

1997 SD 3, 558 N.W.2d 76, 1997 S.D. LEXIS 3
CourtSouth Dakota Supreme Court
DecidedJanuary 8, 1997
DocketNone
StatusPublished
Cited by19 cases

This text of 1997 SD 3 (Hanten v. Palace Builders, Inc.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hanten v. Palace Builders, Inc., 1997 SD 3, 558 N.W.2d 76, 1997 S.D. LEXIS 3 (S.D. 1997).

Opinions

GILBERTSON, Justice.

[¶ 1.] Connie Hanten appeals the circuit court’s order reversing a Department of Labor decision that her tendonitis condition is work-related and therefore compensable. We affirm.

FACTS & PROCEDURE

[¶2.] Connie Hanten (Hanten) was employed by Palace Builders, Inc. (Palace) in 1979 as a clerical worker, which, beginning in 1982, involved the use of computers. In 1989, Hanten began developing pain, numbness, and a tingling sensation in her right hand and arm. She reported her injury to Palace and began treatment with a chiropractor.

[¶ 3.] Hanten’s symptoms grew worse. In September 1990, she was seen by Dr. Robert VanDemark, an orthopedist, who recommended carpal tunnel release surgery. Palace’s insurer hired a medical rehabilitation consultant to manage Hanten’s medical services. Surgery was delayed due to Hanten’s pregnancy, but was eventually performed in March 1991. Although Dr. VanDemark recommended she remain off work for four to six weeks following surgery, Hanten returned to work in three weeks. Palace paid Hanten worker’s compensation benefits for her carpal tunnel injury without dispute as to causation or the nature of the subsequent medical treatment.

[¶4.] Hanten continued to have problems with her right hand following surgery and continued to see an occupational therapist. In fact, following treatment at a center for hand therapy in Sioux Falls, she continued therapeutic treatment in Mitchell from April 1991 through November 1992. In October 1991, Palace’s medical rehabilitation consultant described Hanten’s condition as “tendonitis.” Three days later, Palace terminated her employment.

[¶ 5.] Approximately five months later, in March 1992, Hanten reported she felt a grinding or popping sensation after attempting to open a jar in her home. In June 1992, Dr. VanDemark diagnosed Hanten’s condition as de Quervain’s tenosynovitis, a type of tendonitis, after performing a Finkelstein’s test, a medically recognized test for this condition. Surgery was recommended.

[¶ 6.] Hanten sought worker’s compensation benefits from her former employer Palace, for her condition of de Quervain’s tendonitis. The Department of Labor determined this condition was work-related and awarded benefits. The circuit court re[78]*78versed the Department’s decision, finding the Department erred in its reliance on the orthopedist’s opinion and that Hanten failed to establish the cause of the de Quervain’s was work-related.

[¶ 7.] Hanten appeals to this Court raising the following issue:

Whether the Department of Labor’s finding that the de Quervain’s condition is work-related and therefore compensable is supported by substantial evidence in the record?

STANDARD OF REVIEW

[¶ 8.] We recently set forth our well-settled standard of review of worker’s compensation decisions in Helms v. Lynn’s Inc., 1996 SD 8, ¶¶ 9-10, 542 N.W.2d 764, 766. In Helms, we noted:

Our standard of review from decisions of administrative agencies is governed by SDCL 1-26-37. This statute provides:
An aggrieved party or the agency may obtain a review of any final judgment of the circuit court under this chapter by appeal to the Supreme Court. The appeal shall be taken as in other civil cases. The Supreme Court shall give the same deference to the findings of fact, conclusions of law and final judgment of the circuit court as it does to other appeals from the circuit court. Such appeal may not be considered de novo.
However, when the issue is a question of law, the agency’s actions are fully renewable. Caldwell v. John Morrell & Co., 489 N.W.2d 353, 357 (S.D.1992); Egemo v. Flores, 470 N.W.2d 817, 820 (S.D.1991). Further, we review the findings based on deposition testimony and documentary evidence de novo. Caldwell, 489 N.W.2d at 357.
The issue we must determine is whether the record contains substantial evidence to support the agency’s determination. In re Establishing Certain Territorial Elec. Boundaries, 318 N.W.2d 118, 121 (S.D.1982); Nehlich v. SD Comprehensive Health, 290 N.W.2d 477, 478 (SD 1980); Dail v. SD Real Estate Comm’n, 257 N.W.2d 709, 712 (SD 1977).

ANALYSIS AND DECISION

[¶ 9.] In a worker’s compensation case, the “[cjlaimant has the burden of establishing the causal connection between the employment and the injury by a preponderance of the evidence, and ‘a possibility is insufficient and a probability is necessary.’ ” Helms, 1996 SD ¶20, 542 N.W.2d at 768; Caldwell, 489 N.W.2d at 358; Deuschle v. Bak Constr. Co., 443 N.W.2d 5, 6 (S.D.1989). Claimant’s burden is not met when the probabilities are equal. Helms, 1996 SD 8, ¶ 20, 542 N.W.2d at 768; Caldwell, 489 N.W.2d at 358; King v. Johnson Bros. Constr. Co., 83 S.D. 69, 155 N.W.2d 183 (1967).

[¶ 10.] Expert witness testimony must be used to establish the causal connection between one’s employment and subsequent injury where “the field is one in which laymen are not qualified to express an opinion.” Helms, 1996 SD 8, ¶ 13, 542 N.W.2d at 767; Deuschle, 443 N.W.2d at 6. See also Day v. John Morrell & Co., 490 N.W.2d 720, 724 (S.D.1992); Howe v. Farmers Coop. Creamery, 81 S.D. 207, 212, 132 N.W.2d 844, 846 (1965) (stating that if the relationship between an injury and work is unclear, a medical expert may be needed to establish this relationship). We have noted, however, that “expert testimony is entitled to no more weight than the facts upon which it is predicated.” Westergren v. Baptist Hospital of Winner, 1996 SD 69, ¶25, 549 N.W.2d 390, 397 (1996); Helms, 1996 SD 8, ¶21, 542 N.W.2d at 768; Podio v. American Colloid, 83 S.D. 528, 532, 162 N.W.2d 385, 387 (1968). We have also long held that while the worker’s compensation act is to be liberally construed in favor of the claimant, this rule applies to the law and not to the evidence offered to support the claim. Egemo, 470 N.W.2d at 824; Wold v. Meilman Food Industries, Inc., 269 N.W.2d 112, 116 (S.D.1978); Podio, 83 S.D. at 534, 162 N.W.2d at 388.

[¶ 11.] In the present ease, the Department of Labor stated it relied upon the testimony of Dr.

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Bluebook (online)
1997 SD 3, 558 N.W.2d 76, 1997 S.D. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanten-v-palace-builders-inc-sd-1997.