Everingim v. Good Samaritan Center of New Underwood , 1996 S.D. LEXIS 111 ( 1996 )

MILLER, Chief Justice

(concurring specially).

[¶ 38] Although I concur with the majority writing, I write specially to note and emphasize the limitations of our decision in this case. It is important to point out that in the wake of this decision workers’ compensation will not subsume all workplace sexual harassment claims. Clearly, only harassment involving physical assaults that result in disabling physical or mental injuries fall within the scope of our workers’ compensation law. Where an employee simply suffers distress or embarrassment as a result of nonphysical harassment, the appropriate forum is through discrimination claims or common-law tort actions. However, where the offensive workplace conduct is predominately physical and results in physical injury or disabling mental illness, workers’ compensation is an appropriate remedy to pursue.