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SANDNER v. MINNEHAHA COUNTY

Nos. 22193, 22196.

652 N.W.2d 778 (2002)

2002 SD 123

Tanthony SANDNER, Claimant and Appellant, v. MINNEHAHA COUNTY, Employer and Appellee, and SDML Workers Compensation Fund, Insurer and Appellee.

Supreme Court of South Dakota.

Decided October 9, 2002.

Attorney(s) appearing for the Case

Kent R. Cutler and Kimberly R. Wassink of Cutler & Donahoe, Sioux Falls, for claimant and appellant.

Comet H. Haraldson of Woods, Fuller, Shultz & Smith, Sioux Falls, for appellees.

BASTIAN, Circuit Judge.

[¶ 1.] In this appeal we uphold the determination of the South Dakota Department of Labor (Department) and the circuit court that a workers' compensation claimant was not permanently and totally disabled.

FACTS

[¶ 2.] Anthony Sandner (Sandner) injured his back at the Minnehaha County Courthouse in April 1997 while employed by County as a custodian. He sustained a right-sided herniation at the L4-5 level. County and...

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