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VANSTEENWYK v. BAUMGARTNER TREES

No. 24138.

731 N.W.2d 214 (2007)

2007 SD 36

Thomas VANSTEENWYK, Claimant and Appellee, v. BAUMGARTNER TREES AND LANDSCAPING, Employer and Appellant, and Farmers Insurance Group, Insurer and Appellant.

Supreme Court of South Dakota.

Decided April 11, 2007.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr., A. Russell Janklow of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, South Dakota, Attorneys for claimant and appellee.

Eric C. Blomfelt, Jeremy D. Nauman of Eric C. Blomfelt & Associates, P.C., Windsor, Colorado Attorneys for employer, insurer and appellants.

MEIERHENRY, Justice.

[¶ 1.] Thomas VanSteenwyk (VanSteenwyk) sought workers' compensation benefits for an injury he received while working for Baumgartner Trees and Landscaping. VanSteenwyk, an admitted regular marijuana user, had smoked marijuana the evening before the day of his workplace injury. Baumgartner and its insurer, Farmers Insurance Group (collectively referred to as Baumgartner), opposed the granting of benefits and argued that Van-Steenwyk's off...

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