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ORTH v. STOEBNER & PERMANN CONST., INC.

No. 23731.

724 N.W.2d 586 (2006)

2006 SD 99

Dwain ORTH, Claimant and Appellant, v. STOEBNER & PERMANN CONSTRUCTION, INC., Employer and Appellee, and American Family Mutual Insurance Co., Insurer and Appellee.

Supreme Court of South Dakota.

Decided November 15, 2006.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr., and A. Russell Janklow of Johnson, Heidepriem, Miner, Marlow & Janklow, Sioux Falls, SD, Glenn L. Roth, Olivet, SD, for appellant.

Jeffrey L. Bratkiewicz and J.G. Shultz of Woods, Fuller, Shultz & Smith, Sioux Falls, SD, for appellees.

GORS, Circuit Judge.

[¶ 1.] Dwain Orth appeals from a circuit court decision affirming the South Dakota Department of Labor's determination that he was not entitled to workers' compensation benefits. Reversed and remanded.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] Dwain Orth (Dwain) was born in Scotland, South Dakota, on February 22, 1942. He graduated from Scotland High School in 1960. He lived and worked in South Dakota his entire life. In...

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