South Dakota Supreme Court

Shirley A. Permann, Claimant and Appellant v. South Dakota Department of Labor, Unemployment Insurance Division…

July 22, 19871987 S.D. LEXIS 317

Summary

The court affirmed the denial of unemployment benefits and the resulting repayment obligation because the claimant's contacts with her husband's tavern and her failure to return a school-employment application did not constitute reasonable efforts to obtain work. It clarified that agency findings of fact receive clearly erroneous review, while legal conclusions and mixed questions requiring application of legal standards are reviewed de novo. Justice Henderson, concurring in result, agreed with the outcome but questioned applying federal administrative-review decisions to state agency appeals and emphasized the statutory deference owed to agency fact findings.