SCHLENKER v. BOYD'S DRUG MART

No. 16756.

458 N.W.2d 368 (1990)

Sheryll K. SCHLENKER, Claimant and Appellee, v. BOYD'S DRUG MART, Employer and Appellant, and United States Fidelity and Guaranty Company, Insurer and Appellant.

Supreme Court of South Dakota.

Decided July 18, 1990.


Attorney(s) appearing for the Case

Scott Sumner of Banks, Johnson, Johnson, Colbath & Huffman, Rapid City, for claimant-appellee.

Dennis W. Finch of Finch, Viken, Viken & Pechota, Rapid City, for employer/insurer-appellants.


MILLER, Justice.

In this opinion, we affirm a circuit court's reversal of a Department of Labor decision in a worker's compensation case and hold that Department erred when it denied permanent total disability benefits to a claimant until she completed a pain clinic program.

FACTS/PROCEDURAL HISTORY

It is undisputed that in August, 1982, claimant (age 42 at the time of the proceedings before Department) severely injured her back while working for...

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