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ARENDS v. DACOTAH CEMENT

Nos. 22081, 22084.

645 N.W.2d 583 (2002)

2002 SD 57

Allan ARENDS, Claimant and Appellee, v. DACOTAH CEMENT, Employer/Self-Insurer, Appellant, and Berkley Administrators.

Supreme Court of South Dakota.

Decided May 15, 2002.

Attorney(s) appearing for the Case

Ronald L. Schulz of Green, Schulz, Roby, Oviatt, Cummings & Linngren, Watertown, South Dakota, Attorneys for claimant and appellee.

Talbot J. Wieczorek of Gunderson, Palmer, Goodsell & Nelson, Rapid City, South Dakota, Attorneys for employer/Self-Insurer/appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Allan Arends (Arends), employed by South Dakota State Cement Plant Commission d/b/a Dacotah Cement (Dacotah) for over 30 years, fell through some ice and sustained an acute knee injury while he was out trapping muskrat. When surgery was performed, it was discovered that Arends had degenerative osteoarthritis. Both the Department of Labor (Department) and the circuit court determined that there was a work-related injury, which...

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