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FOLTZ v. WARNER TRANSP.

No. 18372.

516 N.W.2d 338 (1994)

John FOLTZ, Claimant and Appellant, v. WARNER TRANSPORTATION, Employer and Appellee, and Cigna Insurance Company of North America, Insurer and Appellee.

Supreme Court of South Dakota.

Decided May 25, 1994.

Rehearing Denied July 1, 1994.

Attorney(s) appearing for the Case

Richard D. Casey, Strange, Farrell, Johnson & Casey, P.C., Sioux Falls, for claimant and appellant.

R. Alan Peterson and Marsha Stacey, Lynn, Jackson, Shultz and Lebrun, Sioux Falls, for appellees.

WUEST, Justice.

John Foltz (Foltz) appeals from the circuit court's judgment affirming the Department of Labor's (Department) denial of workers' compensation benefits. We reverse.

FACTS

On February 19, 1990, John Foltz (Foltz) was involved in an accident while employed by Warner Transportation (Warner). Foltz was a thirty-two year old over-the-road truck driver with a ninth grade education. The accident occurred in the mountains of California...

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