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LENDS HIS HORSE v. MYRL & ROY'S PAVING

No. 21444.

619 N.W.2d 516 (2000)

2000 SD 146

Joe LENDS HIS HORSE, Jr., Claimant and Appellee, v. MYRL & ROY'S PAVING, INC., Employer and Appellant, and Heritage Mutual Insurance Company, Insurer and Appellant.

Supreme Court of South Dakota.

Decided November 21, 2000.

Attorney(s) appearing for the Case

William Jason Groves of Graves, Julius & Simpson, Rapid City, for appellee.

Kenneth L. Chleborad of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, Rapid City, for appellants.

AMUNDSON, Justice

[¶ 1.] Myrl & Roy's Paving Inc. appeals the trial court's reversal of the Department of Labor's decision to deny Joe Lends His Horse, Jr. permanent total disability benefits under the Worker's Compensation Act. We reverse.

FACTS

[¶ 2.] In 1993, Myrl & Roy's Paving, Inc. employed Joe Lends His Horse Jr. as a truck driver in Sioux Falls, South Dakota. Besides driving truck, his duties included helping load and unload...

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