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EGEMO v. FLORES

No. 17163.

470 N.W.2d 817 (1991)

Dennis EGEMO and St. Paul Fire & Marine Insurance Company, Employer and Insurer, Appellants, v. Jose FLORES, Claimant and Appellee.

Supreme Court of South Dakota.

Decided May 15, 1991.

Attorney(s) appearing for the Case

Richard O. Sharpe of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for employer and insurer, appellants.

William Jason Groves, Rapid City, for claimant and appellee.

HERTZ, Acting Justice.

Dennis Egemo (Egemo) and St. Paul Fire & Marine Insurance Company appeal from a decision of the circuit court affirming the decision of the Department of Labor, Division of Labor and Management, Worker's Compensation Division (Department) holding that Jose Flores (Flores) is an employee for the purposes of the Worker's Compensation Act. On appeal, Egemo contends that Flores was actually an independent contractor, not an employee, and that...

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