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ANDRESON v. BRINK ELEC. CONST. CO.

No. 19741.

568 N.W.2d 290 (1997)

1997 SD 104

Richard Troy ANDRESON, Claimant and Appellant, v. BRINK ELECTRIC CONSTRUCTION COMPANY, Employer and Appellee, and Transportation Insurance Company, and CNA Transcontinental Technical Services, Inc., Insurers and Appellees.

Supreme Court of South Dakota.

Decided August 13, 1997.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund, Nicholson Peterson & Fox, Gregory, for appellant.

Rick Orr of Davenport, Evans, Hurwitz and Smith, Sioux Falls, for appellees.

KONENKAMP, Justice.

[¶ 1.] Troy Andreson, a lineman for Brink Electric, was injured on the job when a Black Hills Power & Light Company (BHPL) truck hit him. He received workers' compensation benefits, but also won a $35,000 judgment in his tort action against BHPL. Rather than accepting the judgment amount, can he choose to seek continued workers' compensation? The Department of Labor held in the negative, and we affirm, finding Andreson effectively "collected...

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