(concurring in part, dissenting in part).
As the majority opinion points out, the Department determined that as a matter of law the van purchased by employee did not constitute “other suitable and proper care” under SDCL 32-4-1. The circuit court’s conclusion of law was to the contrary. In reaching this conclusion, the circuit court acknowledged a fact — that employee is confined to a wheelchair and requires the van for transportation to obtain medical services. There seems to be no question but that employee is totally disabled and requires a specially equipped vehicle to transport her from her home to the place where she obtains needed medical services. That being the case, it seems to me that we should come to grips with the question whether the van constitutes “other suitable and proper care” rather than to remand the case to the Department for a foregone finding.
I join in the other portions of the majority opinion. I do note that in American State Bank v. List-Mayer, 350 N.W.2d 44 (S.D.1984), we specifically held open the question whether prejudgment interest is ever awardable on medical bills pursuant to SDCL 21-1-11. I agree that under the circumstances of this case employee is entitled to prejudgment interest on the unpaid medical bills.