Harlan KASSUBE, Claimant and Appellee,
v.
DAKOTA LOGGING, Employer, and
Triple R Construction, Employer and Appellee, and
Estes Brothers, Employer and Appellant, and
Cigna Property & Casualty Company, Insurer and Appellant, and
American States Insurance Company, Insurer, and
The United Fire Group, Insurer and Appellee,
v.
Dean Kurtz Construction, Employer and Appellee, and
American States Insurance Company, Insurer and Appellee.
Supreme Court of South Dakota.https://leagle.com/images/logo.png
Argued February 16, 2005.
Decided October 12, 2005.
Attorney(s) appearing for the Case
Rodney C. Lefholz, Rapid City, South Dakota, Attorney for claimant and appellee Harlan Kassube.
Steven J. Morgans and Nichole Nachtigal Emerson of Lynn, Jackson, Schultz & Lebrun, Sioux Falls, South Dakota, Attorneys for employer and appellants Estes Brothers and Cigna Property Casualty Company.
Lisa Hansen Marso and Michael S. McKnight of Boyce, Greenfield, Pashby & Welk, Sioux Falls, South Dakota, Attorneys for employer and appellees Triple R Construction and United Fire Group.
Scott Sumner of Banks, Johnson, Colbath & Kerr, Rapid City, South Dakota, Attorneys for appellees Dean Kurtz Construction and American States Insurance Company.
Supreme Court of South Dakota.
SRSTKA, Circuit Judge & MEIERHENRY, Justice.
[¶ 1.] Circuit Judge WILLIAM J. SRSTKA, sitting for Justice RICHARD W. SABERS, disqualified, delivers the majority opinion of the Court on Issue One, which holds that the Department of Labor had subject matter jurisdiction over Estes Brothers' third party petition against Kurtz because of the substantial dispute regarding Kassube's right to benefits.
[¶ 2.] Judge SRSTKA delivers...
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