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LEWIS v. STATE DEPT. OF TRANSP.

Nos. 22562, 22581.

667 N.W.2d 283 (2003)

2003 SD 82

Kyle LEWIS, Claimant and Appellee, v. South Dakota STATE DEPARTMENT OF TRANSPORTATION and South Dakota Bureau of Personnel, Employer and Appellants.

Supreme Court of South Dakota.

Decided July 16, 2003.

Attorney(s) appearing for the Case

John Stanton Dorsey of Whiting, Hagg & Hagg, Rapid City, South Dakota, Attorneys for claimant and appellee.

Timothy M. Engel of May, Adam, Gerdes & Thompson, South Dakota, Attorneys for employer Pierre and appellants.

KERN, Circuit Judge.

[¶ 1.] South Dakota Department of Transportation (DOT) and South Dakota Bureau of Personnel (BOP) (collectively referred to as Employer) appeal a decision of the circuit court affirming the Department of Labor's (DOL) award of attorney fees to Kyle Lewis as a consequence of DOT's refusal to compensate him for medical costs incurred after an injury.

[¶ 2.] Employer also challenges the circuit court's award of attorney fees to...

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