KURTENBACH v. FRITO-LAY

Nos. 19579, 19582.

563 N.W.2d 869 (1997)

1997 SD 66

Roger KURTENBACH, Employee, Claimant and Appellee, v. FRITO-LAY, Employer, Defendant and Appellant, and Planet Insurance, Insurer, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned April 11, 1997.

Decided June 4, 1997.


Attorney(s) appearing for the Case

Thomas E. Simmons of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for Employee, Claimant and Appellee.

Lori Purcell Fossen and Susan Jansa Brunick of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for Appellants.


MILLER, Chief Justice (on reassignment).

[¶ 1.] Employer appeals Department of Labor's award of rehabilitation benefits to Claimant for a five and one-half year collegiate metallurgical engineering program. By notice of review, Claimant appeals the circuit court's denial of benefits during the time prior to petitioning the Department of Labor for rehabilitation benefits as well as the denial of Cozine benefits. We reverse in part and remand in part.

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