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LAGGE v. CORSICA CO-OP

No. 22829.

677 N.W.2d 569 (2004)

2004 SD 32

Benjamin P. LAGGE, Claimant and Appellee, v. CORSICA CO-OP, Employer and Appellant, and Travelers Insurance Co., Insurer and Appellant.

Supreme Court of South Dakota.

Decided March 10, 2004.

Attorney(s) appearing for the Case

Wally Eklund of Johnson, Eklund, Nicholson & Peterson Gregory, South Dakota and Jean M. Massa of Jensen and Massa Winner, South Dakota, Attorneys for appellee.

Sandra Hoglund, Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for appellants.

GILBERTSON, Chief Justice.

[¶ 1.] Benjamin Lagge was injured while working at the Corsica Co-op. A prior summary affirmance from this Court affirmed his right to workers' compensation from Co-op. Consequently, the Department of Labor held a hearing to determine whether Lagge was permanently and totally disabled. At the hearing, Co-op and their insurance company (Travelers Insurance Company) attempted to enter video surveillance tapes of Lagge into evidence. These...

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