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SPITZER v. WOLFF BROTHERS, INC.

No. 10040.

121 N.W.2d 7 (1963)

Otto SPITZER, Claimant and Appellant, v. WOLFF BROTHERS, INC., a Corporation, Eureka, South Dakota, Employer-Respondent, and Sunshine Mutual Insurance Company, Insurer, Respondent.

Supreme Court of South Dakota.

Rehearing Denied May 2, 1963.

Attorney(s) appearing for the Case

Paul O. Kretschmar, Eureka, for appellant.

Howard B. Crandall, Sioux Falls, for respondent.

BIEGELMEIER, Judge.

This is a proceeding to recover under the Workmen's Compensation Law for an injury of claimant on October 10, 1958. At the first hearing the Industrial Commissioner found claimant was totally and permanently disabled and made an award on that basis, which was appealed by the insurer to the circuit court. Because "the Commissioner further found that only twenty per cent of such total disability may be attributed to the accidental injury", that court...

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