BLENNER v. CITY OF RAPID CITY

Nos. 22512, 22526.

670 N.W.2d 508 (2003)

2003 SD 121

Nelva BLENNER, Claimant and Appellee, v. CITY OF RAPID CITY, Employer and Appellant, and South Dakota Municipal League Workers Compensation Fund, Insurer and Appellant.

Supreme Court of South Dakota.

Decided October 1, 2003.


Attorney(s) appearing for the Case

Frank Driscoll of DeMersseman Jensen, Rapid City, SD, for appellee.

Mark J. Welter of Woods, Fuller, Shultz & Smith, Sioux Falls, SD, for appellants.


GIENAPP, Circuit Judge.

[¶ 1.] Circuit Judge David R. Gienapp, sitting for Justice Richard W. Sabers, disqualified, delivers the majority opinion of the Court on Issue One, which holds that Blenner's loss of use rating should not have been added to her partial disability rating.

[¶ 2.] Justice Steven L. Zinter delivers the majority opinion on Issue Two, which holds that prejudgment interest on the permanent partial disability benefits...

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