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ROTH v. HOMESTAKE MINING CO. OF CALIFORNIA

No. 95-1703.

74 F.3d 843 (1996)

Monty L. ROTH, Appellant, v. HOMESTAKE MINING COMPANY OF CALIFORNIA, a California corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 18, 1996.

Attorney(s) appearing for the Case

Rodney C. Lefholz, Rapid City, SD, argued, for appellant.

Brad P. Gordon, Lead, SD, argued (A.P. Fuller, Lead, SD on brief), for appellee.

Before McMILLIAN, ROSS, and BOWMAN.

BOWMAN, Circuit Judge.

Monty L. Roth is permanently and totally disabled as a result of carpal tunnel syndrome that developed while Roth was working for the Homestake Mining Company. Homestake insures itself against workers' compensation claims and eventually paid Roth approximately $326,000 to settle his claim. Homestake had initially refused to pay the workers' compensation benefits to which Roth was entitled, and Roth filed this action in the District Court alleging...

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