978 N.W.2d 368
S.D.2022Background:
- William Baker, long-time Rapid City Regional Hospital employee, was struck in the head in workplace assaults in 2013 and 2014; diagnosed with post-concussive syndrome (PCS) and PTSD and stopped working in 2015.
- Medical opinions conflicted: treating providers (Hata, Hastings, Hamlyn, Manlove) documented ongoing cognitive/psychiatric symptoms and some work restrictions; employer-funded IME (Gratzer) concluded no disabling psychiatric condition; MMPI-2-RF tests were invalidated.
- Employer’s vocational expert (Gravatt) identified ~30 available local jobs with limited social interaction and light/medium demands; plaintiff’s vocational expert (Carroll) opined Baker was unemployable and a job search would be futile.
- Baker made no documented job applications or good-faith work search after 2015; he had extensive litigation and written complaints related to his employers and the claims.
- The Department initially denied compensability and permanent total disability (PTD) for lack of clear-and-convincing causation and for failure to show obvious unemployability; the circuit court reversed on causation but affirmed denial of PTD; Baker appealed the PTD ruling.
Issues:
| Issue | Baker’s Argument | RCRH/Insurer’s Argument | Held |
|---|---|---|---|
| Whether Baker is permanently totally disabled (odd-lot/obvious unemployability) | Baker argued he made a prima facie showing of obvious unemployability due to PTSD/PCS (shifting burden to employer) and that employer failed to prove suitable work because its vocational expert did not inform prospective employers of all limitations | Employer argued Baker failed to make a prima facie showing; even if burden shifted, Gravatt identified suitable, regularly available jobs meeting Baker’s restrictions and Baker made no good-faith job search | Court assumed (without deciding applicability to mental-only claims) Baker made a prima facie showing but held employer met its burden by showing specific suitable jobs; Baker failed his ultimate burden (no job search, temporary medical restrictions, conflicting medical opinions); PTD denial affirmed |
Key Cases Cited
- Billman v. Clarke Mach., 956 N.W.2d 812 (S.D. 2021) (standards for prima facie showing of permanent total disability and odd-lot analysis)
- Eite v. Rapid City Area Sch. Dist. 51-4, 739 N.W.2d 264 (S.D. 2007) (burden shifts to employer to show suitable employment once claimant proves obvious unemployability)
- Vollmer v. Wal-Mart Store, Inc., 729 N.W.2d 377 (S.D. 2007) (treatment of odd-lot total disability as a question of fact)
- Sandner v. Minnehaha County, 652 N.W.2d 778 (S.D. 2002) (claimant must perform a reasonable work search unless futile; undue limitations on kind of work defeat reasonableness)
- Enger v. FMC, 565 N.W.2d 79 (S.D. 1997) (employer must show positions provide opportunity within claimant’s restrictions; special accommodations must be verified)
- Shepherd v. Moorman Mfg., 467 N.W.2d 916 (S.D. 1991) (employer must demonstrate existence of specific, regularly and continuously available positions in claimant’s community)
- Wise v. Brooks Constr. Servs., 721 N.W.2d 461 (S.D. 2006) (administrative findings afforded great weight; factual findings reviewed for clear error)