OWENS v. F.E.M. ELEC. ASS'N, INC.

No. 23155.

694 N.W.2d 274 (2005)

2005 SD 35

Robert OWENS, Employee and Appellant, v. F.E.M. ELECTRIC ASSOCIATION, INC., Employer, and Federated Rural Electric Insurance Corp., Insurer and Appellee.

Supreme Court of South Dakota.

Decided March 9, 2005.


Attorney(s) appearing for the Case

Chet Groseclose, Sioux Falls, Robert M. Ronayne of Ronayne and Wein, Aberdeen, for employee and appellant.

R. Alan Peterson and Nicole Nachtigal Emerson of Lynn, Jackson, Shultz & Lebrun, Sioux Falls, for insurer and appellee.


GIENAPP, Circuit J.

¶ 1. Robert Owens (Owens) appeals the circuit court's affirmance of a summary judgment granted by a South Dakota Department of Labor (DOL) Administrative Law Judge (ALJ). The ALJ ruled that Owens' claim for workers compensation coverage was time barred by the two year statute of limitations prescribed by SDCL 62-7-35 and that Owens had not suffered a change of condition under SDCL 62-7-33. We affirm.

FACTS

¶ 2. On October...

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