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SOPKO v. C & R TRANSFER CO., INC.

No. 20012.

575 N.W.2d 225 (1998)

1998 SD 8

Jeffrey SOPKO, Employee and Appellee, v. C & R TRANSFER COMPANY, INC. Employer and Appellant, and Home Insurance Company, Insurer and Appellant.

Supreme Court of South Dakota.

Decided January 28, 1998.

Attorney(s) appearing for the Case

N. Dean Nasser, Jr., James R. Even of Nasser Law Offices, Sioux Falls, for employee and appellee.

Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for appellants.

KONENKAMP, Justice.

[¶ 1.] Following his 1974 injury, claimant suffered intermittent seizures, but his doctor was unsure of their origin. Consequently, he settled his workers' compensation case with an agreement approved by the Department of Labor, specifically conceding he sustained no permanent disabling injury. In 1994, he petitioned to reopen his case after surgery revealed his seizures resulted from the original injury. Is he entitled to reopen despite having...

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