Appeal of Templeton, No. 15286

CourtSupreme Court of South Dakota
Writing for the CourtMILLER, RONALD K.; MILLER, RONALD K., Circuit J., for FOSHEIM; MILLER
Citation38 Ed.LawRep. 1261,403 N.W.2d 398
Decision Date15 September 1986
Docket NumberNo. 15286
Parties38 Ed. Law Rep. 1261 In the Matter of the Appeal of Robert TEMPLETON From the Decision of the South Dakota Retirement System Denying Disability. . Considered on Briefs

Page 398

403 N.W.2d 398
38 Ed. Law Rep. 1261
In the Matter of the Appeal of Robert TEMPLETON From the
Decision of the South Dakota Retirement System
Denying Disability.
No. 15286.
Supreme Court of South Dakota.
Considered on Briefs Sept. 15, 1986.
Decided April 1, 1987.

Roger L. Severns, Jr., Sp. Asst. Atty. Gen., Pierre, for appellant South Dakota Retirement System; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for claimant and appellee.

MILLER, RONALD K., Circuit Judge.

Robert Templeton (Templeton) applied for disability benefits from the South Dakota Retirement System (SDRS). The administrator of SDRS denied his application. Templeton appealed to the South Dakota Retirement System Board (Board). A hearing examiner recommended that the Board grant Templeton's application for disability benefits but the Board denied Templeton's application. Templeton appealed the Board's decision to circuit court, which reversed the decision of the Board and adopted the hearing examiner's findings of fact and conclusions of law. The SDRS brings this appeal. We affirm.

Templeton earned a high school diploma and was trained in the plumbing and heating field. He held a Contractor's Plumbing License and was employed in plumbing and heating maintenance at Black Hills State College prior to his injury. He had no administrative training or experience.

Templeton injured his right shoulder in December 1981 and was physically unable to perform most of the tasks incident to his trade. After repeated medical examinations

Page 399

and consultations, including surgery, he advised his employer that he could no longer function in his accustomed capacity due to the immobility of his dominant arm.

Shortly thereafter, Black Hills State College created a new half-time position responsible for administering a preventative maintenance planning (PM) program on the campus. The minimum qualifications for the position included a high school diploma, familiarity with data processing equipment, five years of mechanical/electrical experience, and familiarity with preventative maintenance programming. Furthermore, the PM position required that seventy percent of the employee's time be spent establishing and carrying out the comprehensive preventative maintenance plan, which included computer programming of preventative maintenance scheduling. The job also included coordination of campus energy conservation efforts and inspection and supervision of campus construction. The job required the employee to be familiar with data processing devices and electronic equipment. The employee was responsible for generating regularly programmed preventative maintenance schedules, monthly...

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24 practice notes
  • Interstate Telephone Co-op., Inc. v. Public Utilities Com'n of State of S.D., No. 18182
    • United States
    • Supreme Court of South Dakota
    • October 6, 1993
    ...agency's decision as did the circuit court, unaided by any presumption that the circuit court's decision was correct. In re Templeton, 403 N.W.2d 398, 399 (S.D.1987) (citing Northwestern Bell, 382 N.W.2d at 415-16; Raml v. Jenkins Methodist Home, 381 N.W.2d 241, 242-43 (S.D.1986)). Question......
  • Permann v. South Dakota Dept. of Labor, Unemployment Ins. Div., No. 15390
    • United States
    • Supreme Court of South Dakota
    • April 21, 1987
    ...capricious, or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion." Appeal of Templeton, 403 N.W.2d 398, 399 (S.D.1987) (emphasis added); Anderson v. Western Dakota Insurors, 393 N.W.2d 87, 90 (S.D.1986) (emphasis added); Deuter v. South Dakota High......
  • Zoss v. United Bldg. Centers, Inc., Nos. 19764
    • United States
    • Supreme Court of South Dakota
    • July 16, 1997
    ...decision as did the circuit court, unaided by any presumption that the circuit court's decision was correct. Appeal of Templeton, 403 N.W.2d 398 (S.D.1987). When the issue is a question of fact, the actions of the agency are judged by the clearly erroneous standard. Application of Northwest......
  • In re GCC License Corp., No. 21510
    • United States
    • Supreme Court of South Dakota
    • March 14, 2001
    ...Cheyenne River Sioux Tribe Tel. Auth. v. Public Utilities Comm'n, 1999 SD 60, ¶ 12, 595 N.W.2d 604, 608 (citing Appeal of Templeton, 403 N.W.2d 398, 399 (S.D. 1987)). Questions of fact are reviewed with deference under the clearly erroneous standard. Cheyenne River Sioux Tribe, 1999 SD 60, ......
  • Request a trial to view additional results
24 cases
  • Interstate Telephone Co-op., Inc. v. Public Utilities Com'n of State of S.D., No. 18182
    • United States
    • Supreme Court of South Dakota
    • October 6, 1993
    ...agency's decision as did the circuit court, unaided by any presumption that the circuit court's decision was correct. In re Templeton, 403 N.W.2d 398, 399 (S.D.1987) (citing Northwestern Bell, 382 N.W.2d at 415-16; Raml v. Jenkins Methodist Home, 381 N.W.2d 241, 242-43 (S.D.1986)). Question......
  • Permann v. South Dakota Dept. of Labor, Unemployment Ins. Div., No. 15390
    • United States
    • Supreme Court of South Dakota
    • April 21, 1987
    ...capricious, or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion." Appeal of Templeton, 403 N.W.2d 398, 399 (S.D.1987) (emphasis added); Anderson v. Western Dakota Insurors, 393 N.W.2d 87, 90 (S.D.1986) (emphasis added); Deuter v. South Dakota High......
  • Zoss v. United Bldg. Centers, Inc., Nos. 19764
    • United States
    • Supreme Court of South Dakota
    • July 16, 1997
    ...decision as did the circuit court, unaided by any presumption that the circuit court's decision was correct. Appeal of Templeton, 403 N.W.2d 398 (S.D.1987). When the issue is a question of fact, the actions of the agency are judged by the clearly erroneous standard. Application of Northwest......
  • In re GCC License Corp., No. 21510
    • United States
    • Supreme Court of South Dakota
    • March 14, 2001
    ...Cheyenne River Sioux Tribe Tel. Auth. v. Public Utilities Comm'n, 1999 SD 60, ¶ 12, 595 N.W.2d 604, 608 (citing Appeal of Templeton, 403 N.W.2d 398, 399 (S.D. 1987)). Questions of fact are reviewed with deference under the clearly erroneous standard. Cheyenne River Sioux Tribe, 1999 SD 60, ......
  • Request a trial to view additional results

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