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FT. PIERRE QUALITY CONST., INC. v. ACKLEY

No. 22869.

677 N.W.2d 593 (2004)

2004 SD 38

FT. PIERRE QUALITY CONSTRUCTION, INC., Mid-Century Insurance Co., Plaintiffs and Appellees, v. John ACKLEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 17, 2004.

Attorney(s) appearing for the Case

Kenneth L. Chleborad, Rapid City, South Dakota, Attorney for plaintiffs and appellees.

Steven C. Beardsley, Michael K. Sabers of Beardsley, Jensen, and Von Wald Rapid City, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] A circuit court determined that the Department of Labor was obligated to consider and apply Social Security old-age benefits as an offset when calculating future worker's compensation benefits. This holding reversed a decision of the Department of Labor. We now reverse and reinstate the Department of Labor decision.

FACTS AND PROCEDURE

[¶ 2.] John Ackley worked for Ft. Pierre Quality Construction (Employer...

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