(dissenting).
[¶ 16.] The majority opinion concludes that the trial court acted properly in dismissing the appeal instead of simply changing venue. In so doing, the majority opinion states that “worker’s compensation proceedings are not governed by the rules of civil procedure and their venue provisions.” In support of this proposition, the majority opinion cites Sowards v. Hills Materials Co., 521 N.W.2d 649, 652 (S.D.1994) which indicates:
SDCL 15-6-1 provides that the rules of civil procedure govern procedure in the circuit courts. There is no statute or proclamation providing for workers compensation proceedings to be governed by the rules of civil procedure.
Significantly, that case dealt with a Department of Labor’s order of discovery, not the propriety of an appeal to the circuit court.
[¶ 17.] SDCL 1-26-32.1 provides:
The sections of Title 15 relating to practice and procedure in the circuit courts shall apply to procedure for taking and conducting appeals under this chapter so far as the same may be consistent and applicable, and unless a different provision is specifically made by this chapter or by the statute allowing such appeal.
SDCL 15-5-11 allows the trial court to change venue “[w]hen the county designated for that purpose in the complaint is not the proper county.” It is undisputed that Schreifels filed the appeal in the inappropriate county. However, the circuit court was petitioned by Schreifels to change venue to the proper county in accord with SDCL 1-26-31.3. Title 15 clearly vests the circuit court with the power to change venue to the proper county and that is what it should have done.
[¶ 18.] Title 15 is only rendered inapplicable if SDCL chapter 1-26 “specifically” displaces its provisions. Contrary to footnote two of the majority opinion, SDCL 1-26-31 does not “specifically” displace Title 15 as it relates to “grounds for change of venue.” SDCL 1-26-31.1 specifies the proper venue, not what to do if the action is filed in the wrong venue. Our recent decision in State v. Wilson, 2000 SD 133, 618 N.W.2d 513, does not so limit circuit courts or deprive them of the power to change venue.