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WELLS v. HOME HEATING & PLUMBING, INC.

Nos. 22950, 22951.

677 N.W.2d 586 (2004)

2004 SD 37

Thaddeus WELLS, Claimant and Appellee, v. HOWE HEATING & PLUMBING, INC., Employer and Appellant, and CNA Commercial Insurance, Insurer and Appellant.

Supreme Court of South Dakota.

Decided March 17, 2004.

Attorney(s) appearing for the Case

A. Russell Janklow, Ronald A. Parsons, Jr. of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, South Dakota Attorneys for claimant and appellee.

Rick W. Orr, Dana Van Beek Palmer of Davenport, Evans, Hurwitz and Smith Sioux Falls, South Dakota, Attorneys for appellants.

KONENKAMP, Justice.

[¶ 1.] In this workers' compensation case, Thaddeus Wells, the claimant, an employee of Howe Heating & Plumbing, Inc., suffered electrical burns while working as an apprentice plumber. He filed for compensation. Howe and CNA Commercial Insurance, the employer and insurer, denied coverage, declaring that the claimant's failure to use a portable ground fault circuit interrupter (GFCI) amounted to willful misconduct. The matter was heard...

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