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JOHNSON v. POWDER RIVER TRANSP.

Nos. 22008, 22010.

640 N.W.2d 739 (2002)

2002 SD 23

Virginia JOHNSON, Claimant and Appellee, v. POWDER RIVER TRANSPORTATION, Employer and Appellant. and Idemnity Insurance Co., Insurer and Appellant.

Supreme Court of South Dakota.

Decided February 20, 2002.

Rehearing Denied March 20, 2002.

Attorney(s) appearing for the Case

James D. Leach of Viken, Viken, Pechota, Leach & Dewell, Rapid City, for appellee.

Craig A. Pfeifle of Lynn, Jackson, Schultz & Lebrun, Rapid City, for appellant.

SEVERSON, Circuit Judge.

[¶ 1.] The South Dakota Department of Labor, Division of Labor and Management (Department) determined that Virginia Johnson (Johnson) was permanently, totally disabled and entitled to compensation for life. Powder River Transportation (Powder River) appealed Department's decision. The circuit court denied a constitutional challenge to reduction in benefits by the amount of social security benefits...

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