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CLAUSEN v. NORTHERN PLAINS RECYCLING

No. 22544.

663 N.W.2d 685 (2003)

2003 SD 63

Kelly CLAUSEN, Claimant and Appellant, v. NORTHERN PLAINS RECYCLING, Employer, Fireman's Fund, Insurer, Able Construction Co., Employer, Milwaukee Casualty Insurance Co., Insurer, Gil Haugan Construction Co., Employer and Appellee, Regent Insurance Company, Insurer and Appellee.

Supreme Court of South Dakota.

Decided May 28, 2003.

Attorney(s) appearing for the Case

Brian L. Radke of Radke Law Office, Sioux Falls, South Dakota, Attorneys for claimant and appellant.

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

VON WALD, Circuit Judge.

[¶ 1.] Kelly Clausen appeals a circuit court order affirming a decision by the South Dakota Department of Labor denying his claim for workers' compensation benefits. We affirm.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] In January 1994, Clausen suffered the first in a series of work-related injuries to his back. Clausen was working for Northern Plains Recycling and he filed a claim with Northern's insurer, Fireman's Fund...

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