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He was hurt before: Can he still get workers’ comp benefits?

Tom D'Agostino
By: Tom D'Agostino
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About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

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Last Updated: June 14, 2021
2 minute engagement
History Of Back Injury Leads To Court Fight

South Dakota’s highest court issued a ruling in favor of a worker who sought to recover workers’ compensation benefits. 

A construction worker had a history of back injury dating back to 2010.

He said the injury resolved after two back surgeries in 2011, but medical records showed he had an injection in 2012 and that he refilled pain medication prescriptions in 2012 and 2013.

During a preemployment physical for a new employer in 2017, he reported no symptoms and was cleared to work a heavy-duty job without restrictions.

He then fell at work while exiting a work vehicle and injured his back. He was diagnosed as having a herniated disk, and he said the pain he experienced was similar to the pain he had experienced years earlier.

A state department of labor denied his claim for workers’ compensation benefits, saying he did not prove that the most recent injury caused his disabling condition.

An intermediate appeals court reversed that decision and ruled in favor of the employee. The employer then asked the state’s highest court to reinstate the initial finding in its favor.

High Court Affirms

The state’s highest court affirmed the intermediate court’s ruling in the employee’s favor.

It said the employee met his burden to show that the injury for which he sought workers’ compensation benefits arose out of and in the course of his employment with his then-current employer.

The state department of labor denied the claim on the basis that the employee did not show that his injury was caused by a workplace injury. But that was the wrong standard, the high court explained. The question, it said, was whether his work activities contributed to his injuries.

The evidence showed that they did, the court decided.

A preemployment physical showed he had no symptoms, and his back became sore only after an incident at work.

Under state law, the employee was entitled to workers’ compensation benefits if he could further show that his work activities were a major contributing cause of his condition. There was enough medical testimony to show that his work activities contributed in a major way to his condition.

The employee was entitled to benefits.

Hughes v. Dakota Mill and Grain, Inc., No. 29091, 2021 WL 1916631 (S.D. 5/12/21).

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  • Employment Law
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