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PETITION FOR DECLARATORY RULING

No. 27463.

877 N.W.2d 340 (2016)

2016 S.D. 21

In re PETITION FOR DECLARATORY RULING RE SDCL 62-1-1(6).

Supreme Court of South Dakota.

Decided March 9, 2016.

Attorney(s) appearing for the Case

James D. Leach, Rapid City, South Dakota, Attorney for petitioner and appellant James D. Leach.

Naomi R. Cromwell of Tieszen Law Office, LLC, Pierre, South Dakota, Attorneys for appellee Associated School Boards of South Dakota.

Michael S. McKnight, Laura K. Hensley of Boyce Law Firm, LLP, Sioux Falls, South Dakota, Attorneys for appellees First Dakota Indemnity and Dakota Truck Underwriters.

[¶ 1.] Attorney James Leach petitioned the Department of Labor for a declaratory ruling regarding the application of a statute. The statute governs the "earnings" used to calculate the "average weekly wage" in workers' compensation cases. Leach contended that discretionary bonuses should be included in the calculation. The...

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