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PAULSON v. BLACK HILLS PACKING CO.

Nos. 19450, 19483.

554 N.W.2d 194 (1996)

1996 SD 118

Marc PAULSON, Appellant, v. BLACK HILLS PACKING COMPANY and St. Paul Fire And Marine Insurance Company, Appellees, and Western Wholesale Liquor Company and Liberty Mutual Insurance Company.

Supreme Court of South Dakota.

Decided September 11, 1996.

Rehearing Denied October 9, 1996.

Attorney(s) appearing for the Case

Lawrence R. Bihlmeyer, Rapid City, for appellant.

J.G. Shultz of Woods, Fuller, Shultz & Smith, Sioux Falls, for appellees Black Hills Packing Co. and St. Paul Fire & Marine.

ERICKSON, Circuit Judge.

[¶ 1] Marc Paulson (Paulson) filed a petition with the Department of Labor (Department) seeking worker's compensation benefits for back injuries incurred while employed at Black Hills Packing Company (BHP). The Department found in favor of Paulson. BHP appealed to the circuit court alleging that Paulson's most recent injury was an aggravation of his previous back condition caused while working for a subsequent employer thereby absolving...

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