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WESTERN SURETY CO. v. MYDLAND

No. 10729.

179 N.W.2d 3 (1970)

WESTERN SURETY CO., Plaintiff and Respondent, v. Gordon MYDLAND, Industrial Commissioner of South Dakota, and Thomas R. Vickerman, Deputy Industrial Commissioner of the State of South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

July 29, 1970.

Attorney(s) appearing for the Case

C. J. Kelly, Asst. Atty. Gen., Pierre, for defendants and appellants.

Kirby, McDonnell & Kirby, Gene McDonnell, Sioux Falls, for plaintiff and respondent.

HOMEYER, Judge.

In a stipulated case plaintiff seeks a declaration of the extent of its liability under a workmen's compensation policy.

The question for decision is whether the "waiting period" under the statute before compensation becomes payable for disability is seven working days or seven calendar days.

SDCL 62-4-2 as amended provides:

"Except as otherwise provided in this section, no compensation shall be paid for an injury which does...

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