HOMESTAKE MINING v. SUBSEQUENT INJURY FUND

No. 21977.

644 N.W.2d 612 (2002)

2002 SD 46

HOMESTAKE MINING COMPANY, Appellant, v. SOUTH DAKOTA SUBSEQUENT INJURY FUND, and South Dakota Department of Commerce, Division of Insurance, Appellee.

Supreme Court of South Dakota.

Decided April 24, 2002.


Attorney(s) appearing for the Case

Brad P. Gordon of Fuller, Tellinghuisen, Gordon and Percy, P.C., Spearfish, attorneys for appellant.

Naomi R. Cromwell, Division Counsel and Special Assistant Attorney General, and Robert C. Riter, Jr. of Riter, Mayer, Hofer, Wattier & Brown, Pierre, attorney for appellee.

Mark F. Marshall of Davenport, Evans, Hurwitz & Smith, Sioux Falls, amicus curiae.


ACTION

MILLER, Retired Justice, Acting By Appointment.

[¶ 1.] Homestake Mining Co. appeals from a declaratory judgment holding it was not entitled to reimbursement from the state's Subsequent Injury Fund for certain workers' compensation claims. We affirm and hold that SDCL 62-4-34.1 provided the applicable statute of limitations for Homestake to file its claims against the Fund and that a subsequent amendment of SDCL 62-4-34.7 could not revive Homestake...

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