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LOEWEN v. HYMAN FREIGHTWAYS, INC.

Nos. 19643, 19644.

557 N.W.2d 764 (1997)

1997 SD 2

William S. LOEWEN, Claimant and Appellant, v. HYMAN FREIGHTWAYS, INC., Employer and Appellee, and Liberty Mutual Insurance Company, Insurer and Appellee.

Supreme Court of South Dakota.

Decided January 8, 1997.

Attorney(s) appearing for the Case

Thomas W. Parliman, P.C., Sioux Falls, for claimant and appellant.

Comet Haraldson of Woods, Fuller, Shultz & Smith, Sioux Falls, for appellees.

GILBERTSON, Justice.

[¶ 1.] William Loewen (Loewen) appeals from a denial of his petition for worker's compensation benefits. We reverse on the issue of notice and reinstate the decision of the Department of Labor.

FACTS & PROCEDURE

[¶ 2.] Loewen was employed as a dock worker for Hyman Freightways (Employer). In late May or early June of 1993,1 Loewen helped a fellow worker shut a trailer door. When the...

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