Amie Elsworth v Wayne County
Case No. SD 37237 (Aug 20, 2024)
The court of appeals affirmed an entry of judgment on a final award awardng ongoing weekly benefits and back benefits since 2017.
The ALJ made a determination of PTD following a catastrophic injury and claimant died while the appeal was pending. The surviving wife filed a motion for Schoemehl benefits related to the 2007 accident. The Court noted the Commisison "wittingingly or unwittingly" had made factual determinations to support benefits to the surviving wife in 2017 and the employer's decision to cut off benefits was erroneous. It found the Commission committed harmless error by claiming it was not addressing Schoemehl.
