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SOPKO v. C & R TRANSFER COMPANY, INC.

No. 22408.

665 N.W.2d 94 (2003)

2003 SD 69

Kay SOPKO, Individually and as personal representative of the Estate of Jeffrey Sopko, Deceased, and Joshua Sopko, Claimants and Appellees, v. C & R TRANSFER COMPANY, INC., Employer and Appellant, and Home Insurance Company, Insurer and Appellant.

Supreme Court of South Dakota.

Decided June 11, 2003.

Attorney(s) appearing for the Case

N. Dean Nasser, Jr. of Nasser Law Offices, Sioux Falls, South Dakota, Attorneys for claimant and appellee.

Rick W. Orr and Eric C. Schulte of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for employer, insurer and appellants.

SRSTKA, Circuit Judge.

[¶ 1.] C & R Transfer Co., Inc. (C & R) appeals the circuit court's determination that workers' compensation benefits are determined at the rate available when a change in the claimant's circumstances occur and that beneficiaries of death benefits are set at the time of death, not the time of injury. We reverse.

FACTS AND PROCEDURE

[¶ 2.] This is the second appeal of this case. The first decision is reported...

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