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HOLSCHER v. VALLEY QUEEN CHEESE FACTORY

No. 23657.

713 N.W.2d 555 (2006)

2006 SD 35

Chris HOLSCHER, Claimant and Appellant, v. VALLEY QUEEN CHEESE FACTORY, Employer and Appellee, and Acuity Insurance, Insurer and Appellee.

Supreme Court of South Dakota.

Decided April 5, 2006.

Attorney(s) appearing for the Case

Mark J. Freeman of Fitch, Johnson, Larson & Held, P.A., Minneapolis, Minnesota, Attorneys for appellant.

Susan Brunick Simons, Kristi Geisler Holm of Davenport, Evans, Hurwitz & Smith, L.L.P., Sioux Falls, South Dakota, Attorneys for appellees.

GILBERTSON, Chief Justice.

[¶ 1.] Christopher Holscher (Holscher), was injured on October 1, 2003, while working at Valley Queen Cheese Factory (Valley Queen). Valley Queen established willful misconduct on Holscher's part at a hearing before an administrative law judge (ALJ), and Holscher's workers' compensation claim was denied. Holscher appealed to the Secretary of the Department of Labor (Secretary), who affirmed...

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