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GOEBEL v. WARNER TRANSP.

No. 21185.

612 N.W.2d 18 (2000)

2000 SD 79

Eugene F. GOEBEL, Claimant and Appellant, v. WARNER TRANSPORTATION, Employer and Appellee, and Dakota Truck Underwriters, Insurer and Appellee, and J.W. Hutton, Inc., Intervenor.

Supreme Court of South Dakota.

Decided June 14, 2000.

Attorney(s) appearing for the Case

Thomas M. Issenhuth of Arneson, Issenhuth & Gienapp, Madison, for claimant and appellant.

Susan Brunick Simons of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for Employer, Insurer and appellees.

GILBERTSON, Justice

[¶ 1.] Eugene Goebel (Goebel) appeals the circuit court's order denying his claim for worker's compensation benefits. The Department of Labor (Department) and the circuit court found Warner Transportation (Warner) had met its burden of proving SDCL 62-4-37 barred Goebel's claim. We affirm.

FACTS AND PROCEDURE

[¶ 2.] On June 12, 1993, Goebel left Sioux Falls, South Dakota, to drive a semi-truck for his employer, Warner...

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