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FAIRCLOTH v. RAVEN INDUSTRIES, INC.

No. 21359.

620 N.W.2d 198 (2000)

2000 SD 158

Gretchen L. FAIRCLOTH, Claimant and Appellee, v. RAVEN INDUSTRIES, INC., Self-Insurer, Employer and Appellant.

Supreme Court of South Dakota.

Decided December 20, 2000.

Attorney(s) appearing for the Case

Philip R. Parent of Arneson, Issenhuth & Gienapp, Madison, SD, Attorneys for claimant and appellee.

Paul T. Barnett of Siegel, Barnett & Schutz, Sioux Falls, SD, Attorneys for self-insurer, employer and appellant.

KONENKAMP, Justice

[¶ 1.] In this workers' compensation appeal, we must decide which of two statutes of limitations applies to a claim. The employer contends that the two-year limitation in SDCL 62-7-35 pertains because the employer gave written notice denying the claim. The employee, on the other hand, contends that the three-year period in SDCL 62-7-35.1 applies because the employer previously provided benefits to the employee. The Department of Labor ruled...

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