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  5. 721 N.W.2d 461 (2006)
 

WISE v. BROOKS CONST. SERVICES

Nos. 23938, 23943.

721 N.W.2d 461 (2006)

2006 SD 80

Danny D. WISE, Claimant, Appellee, Cross-Appellant and Appellant, v. BROOKS CONSTRUCTION SERVICES and Acuity, A Mutual Insurance Company, Employer, Insurer, Appellants, Cross-Appellees and Appellees.

Supreme Court of South Dakota.

Decided August 23, 2006.

Attorney(s) appearing for the Case

Bram Weidenaar of Hoy Trial Lawyers, Sioux Falls, South Dakota, Attorney for claimant, appellee, cross-appellant and appellant.

J.G. Shultz, Jennifer L. Wollman of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for employer, insurer, appellants, cross-appellees and appellees.

MEIERHENRY, Justice.

[¶ 1.] Danny Wise appeals a circuit court decision affirming the South Dakota Department of Labor's (Department) determination denying permanent and total disability benefits pursuant to the odd-lot doctrine. Brooks Construction Services and Acuity Insurance Company (collectively referred to as Employer) appeal the circuit court's decision affirming the Department's determination that Wise proved that his December 5, 2001, injury was a major...

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