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HYATT v. HARVEST STATES COOP.

No. 21372.

621 N.W.2d 369 (2001)

2001 SD 5

Berton N. HYATT, Employee, Claimant and Appellee, v. HARVEST STATES COOPERATIVE, Employer and Appellant, and National Union Fire, Insurer and Appellant.

Supreme Court of South Dakota.

Decided January 10, 2001.

Attorney(s) appearing for the Case

Mark A. Reedstrom of Ash & Reedstrom, Milbank, SD, Attorneys for employee, claimant and appellee.

Susan Brunick Simons of Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, Attorneys for appellants.

MILLER, Chief Justice

[¶ 1.] In this discretionary appeal we reverse the circuit court and hold that a claimant's petition for medical bills in an occupational disease claim was time-barred by the statute of limitations.

FACTS

[¶ 2.] Berton N. Hyatt (Claimant) worked for Harvest States Cooperative (Employer) from May 1, 1983 until May 31, 1990. Claimant's employment with Employer exposed him to dust and various particles. The exposure caused...

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