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BAKER v. DAKOTA MIN. & CONST.

No. 18857.

529 N.W.2d 583 (1995)

Harold R. BAKER, Appellee, v. DAKOTA MINING & CONSTRUCTION and American States Insurance Company, Appellants.

Supreme Court of South Dakota.

Decided April 5, 1995.

Attorney(s) appearing for the Case

William Jason Groves, Rapid City, and James J. Doyle, Doyle and Doyle Rapid City, for appellee.

Scott Sumner and Courtney R. Clayborne, Johnson, Huffman, P.C. Rapid City, for appellants.

SABERS, Justice.

Claimant sought permanent total disability benefits. Hearing examiner found that claimant failed to make a prima facie showing of severe, debilitating pain rendering him unable to find more than sporadic employment at insubstantial income. The circuit court found that examiner's findings were clearly erroneous and that claimant made a prima facie showing for odd-lot benefits. We reverse.

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