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CAPITAL MOTORS, LLC v. SCHIED

Nos. 22494, 22502.

660 N.W.2d 242 (2003)

2003 SD 33

CAPITAL MOTORS, LLC, Employer and Appellee, and First Dakota Indemnity Co., Insurer and Appellee, v. William SCHIED, Claimant and Appellant.

Supreme Court of South Dakota.

Decided April 2, 2003.

Attorney(s) appearing for the Case

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

Patricia A. Meyers, Heather M. Lammers of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, Rapid City, South Dakota, Attorneys for appellant.

MEIERHENRY, Justice.

[¶ 1.] This appeal arises from a Workers' Compensation claim brought by William Schied (Schied) against Capital Motors and its insurer First Dakota Indemnity Company (First Dakota). The Department of Labor (Department) determined that Schied was permanently totally disabled under the odd-lot doctrine and entitled to permanent total disability benefits.

[¶ 2.] Capital Motors and First Dakota appealed to circuit court. Upon review...

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