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ST. LUKE'S MIDLAND REGIONAL v. KENNEDY

Nos. 22223, 22224.

653 N.W.2d 880 (2002)

2002 SD 137

ST. LUKE'S MIDLAND REGIONAL MEDICAL CENTER, n/k/a Avera St. Luke's and Presentation Sisters Workers' Compensation Trust, Employer, Insurer and Appellees, v. Mary Beth KENNEDY, Claimant and Appellant.

Supreme Court of South Dakota.

Decided November 13, 2002.

Attorney(s) appearing for the Case

Michael S. McKnight and Lisa Hansen Marso of Boyce, Murphy, McDowell & Greenfield. Sioux Falls, South Dakota, Attorneys for employer, insurer and appellees.

J.G. Shultz of Woods, Fuller, Shultz, & Smith. Sioux Falls, South Dakota, Attorneys for claimant and appellant.

VON WALD, Circuit Judge.

[¶ 1.] Mary Beth Kennedy (Kennedy) appeals a circuit court judgment reversing an award of workers' compensation benefits to Kennedy by the South Dakota Department of Labor (DOL). Avera St. Luke's Midland Regional Medical Center (St.Luke's) has filed a notice of review. We reverse.

FACTS

[¶ 2.] At the time Kennedy initiated workers' compensation proceedings, she was employed as a nurse with Falls Memorial Hospital...

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