FREDEKIND v. TRIMAC LTD.

No. 19774, 19786.

566 N.W.2d 148 (1997)

1997 SD 79

Lydia FREDEKIND, surviving spouse of Duane A. Fredekind, Deceased, Claimant and Appellant, v. TRIMAC LIMITED and Insurance Company of North America, Employer, Insurer and Appellees.

Supreme Court of South Dakota.

Decided July 9, 1997.


Attorney(s) appearing for the Case

Bruce A. Hubbard of Hansen & Hubbard, Sturgis, for claimant and appellant.

Craig A. Pfeifle of Lynn, Jackson, Schultz & LeBrun, P.C., Rapid City, for employer, insurer and appellees.


KONENKAMP, Justice.

[¶ 1.] Duane Fredekind, a truck driver for Trimac Limited, died after reaching an oral settlement for workers' compensation benefits with Trimac's insurer. His widow, Lydia Fredekind, petitioned to enforce the agreement, and the Department of Labor allowed it. Is an unwritten settlement binding under South Dakota Workers' Compensation law? On appeal the circuit court overturned the award, and we affirm, concluding the agreement failed to comport...

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