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TIESZEN v. JOHN MORRELL & CO.

No. 18544.

528 N.W.2d 401 (1995)

Randy L. TIESZEN, Employee, Claimant and Appellant, v. JOHN MORRELL & CO., Employer, Self Insurer and Appellee.

Supreme Court of South Dakota.

Decided March 8, 1995.

Attorney(s) appearing for the Case

Robert M. Nash of Wilson, Olson, Nash, Becker & Smoot, P.C., Rapid City, for claimant and appellant.

David J. Vickers of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for employer, self insurer and appellee.

VON WALD, Circuit Judge.

Randy L. Tieszen (Tieszen) appeals adverse determination of worker's compensation benefits. We reverse and remand.

FACTS

Tieszen first became employed for John Morell & Company (Morrell) in May 1987 as a strike replacement worker. He left Morrell in July 1987 because of threats made on his life by striking workers. Tieszen was rehired by Morrell on August 12, 1987, and he was assigned to the pork kill area of the plant...

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