TISCHLER v. UNITED PARCEL SERVICE

Nos. 19481, 19494.

552 N.W.2d 597 (1996)

1996 SD 98

Janet K. TISCHLER, Claimant and Appellant, v. UNITED PARCEL SERVICE, Employer, Defendant and Appellee, and Liberty Mutual Insurance Group, Insurer, Defendant and Appellee, and City of Rapid City, South Dakota, Employer, Defendant and Appellee, and South Dakota Municipal League Worker Compensation Fund, Insurer, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 31, 1996.

Rehearing Denied September 4, 1996.


Attorney(s) appearing for the Case

Patricia A. Meyers of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for appellant.

Susan Jansa Brunick and Lori Purcell Fossen of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for appellees UPS and Liberty Mut. Ins.

Curtis S. Jensen of DeMersseman Jensen, Rapid City, for appellees City of Rapid City and S.D. Municipal League.


SABERS, Justice.

[¶ 1] Tischler appeals as inadequate her workers' compensation impairment rating, the chiropractic and medical expenses, and costs. UPS filed notice of review challenging liability, permanent partial disability benefits, prejudgment interest, penalty, and the finding that Tischler's condition was not aggravated during employment with Rapid City (City). We affirm all issues except that we reverse issue 8 (penalty), the second part of issue 5 ...

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