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VU v. JOHN MORRELL & CO.

No. 21315.

615 N.W.2d 171 (2000)

2000 SD 105

Mary VU, Claimant and Appellant, v. JOHN MORRELL & CO., Employer, Self-Insurer and Appellee.

Supreme Court of South Dakota.

Decided August 9, 2000.

Attorney(s) appearing for the Case

Michael Abourezk and Alicia Garcia of Abourezk Law Office, Rapid City, Attorneys for claimant and appellant.

Michael S. McKnight and Lisa Hansen Marso of Boyce, Murphy, McDowell and Greenfield, Sioux Falls, Attorneys for employer, self-insurer and appellee.

SABERS, Justice.

[¶ 1.] The Department of Labor (DOL) determined that Mary Vu was not entitled to receive worker's compensation benefits from John Morrell & Company (Morrell) because she failed to provide timely notice. Mary appealed. The circuit court affirmed. We reverse and remand.

FACTS

[¶ 2.] Mary Vu is thirty-four-years-old. She started work at Morrell on May 5, 1987 as a janitor. She developed problems with her wrist and was...

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