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DUDLEY v. HUIZENGA

No. 22487.

667 N.W.2d 644 (2003)

2003 SD 84

Bruce E. DUDLEY, Claimant and Appellant, v. James HUIZENGA, d/b/a Huizenga Trucking, Employer and Appellee, and Wausau Insurance Companies, Insurer and Appellee.

Supreme Court of South Dakota.

Decided July 16, 2003.

Attorney(s) appearing for the Case

Brian L. Radke, Sioux Falls, South Dakota, Attorney for claimant and appellant.

Eric C. Schulte of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for appellees.

KONENKAMP, Justice.

[¶ 1.] In this workers' compensation proceeding, the claimant's attorney missed a stipulated deadline for disclosing expert witnesses. He provided the disclosure eight weeks late. The Department of Labor granted the employer's motion to strike the claimant's experts, and, since the claimant had no case without expert evidence, the Department also granted summary judgment for the employer. Because...

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