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TITUS v. SIOUX VALLEY HOSP.

No. 22243.

658 N.W.2d 388 (2003)

2003 SD 22

Jill TITUS, Employee/Claimant and Appellant, v. SIOUX VALLEY HOSPITAL, Employer/Self-Insurer and Appellee.

Supreme Court of South Dakota.

Reassigned December 16, 2002.

Decided February 26, 2003.

Attorney(s) appearing for the Case

Peter W. Sommervold, Sommervold Law Firm, Sioux Falls, South Dakota, Attorneys for employee/claimant and appellant.

Kristi Geisler Holm of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for employer/self-insurer and appellee.

SABERS, Justice (on reassignment).

[¶ 1.] Jill Titus appeals from a circuit court decision overruling the Department of Labor's holding that she was entitled to worker's compensation benefits. The employer, Sioux Valley Hospital (Sioux Valley), self insures its worker's compensation risk. We reverse.

FACTS

[¶ 2.] Titus began working at Sioux Valley in 1989 as a surgical technician. On August 20, 1992, while setting up for surgery, she was...

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