The South Dakota Supreme Court recently issued a ruling that demonstrates the risks assumed by an employer that chooses to be self-insured for workers' compensation, when it ruled that the employer stepped into the shoes of the independent rehabilitation vendor it hired and thus was liable for the vendor's failure to communicate with the injured worker's doctor resulting in increased disability, and civil liability.In JOHN GILCHRIST, v. TRAIL KING INDUSTRIES, INC. [12/22/02, 2002 SD 155] John Gilchrist slipped and fell from a lift while working for Trail King. His pinkie finger caught on a bra...
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