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WILCOX v. CITY OF WINNER

No. 16466.

446 N.W.2d 772 (1989)

Judy WILCOX, Executrix of the Estate of Garry Thomas Wilcox, Deceased, Employee and Claimant/Appellee, v. CITY OF WINNER, South Dakota, Employer, and St. Paul Fire and Marine Insurance Company, Insurer, Defendants/Appellants.

Supreme Court of South Dakota.

Decided October 11, 1989.

Rehearing Denied November 16, 1989.

Attorney(s) appearing for the Case

Wally Eklund of Johnson, Eklund & Davis, Gregory, for employee and claimant/appellee.

Paul T. Barnett of Siegel, Barnett & Schutz, Sioux Falls, for insurer and defendants/appellants.

MORGAN, Justice.

This is an administrative appeal by the city of Winner, South Dakota (Employer), and the St. Paul Fire and Marine Insurance Company (Insurer), from a decision of the circuit court, which reversed a decision of the South Dakota Department of Labor (Department) dismissing a worker's compensation petition. We reverse the trial court and reinstate Department's decision.

Judy Wilcox (Claimant), executrix of the estate of Garry Wilcox, commenced...

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