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EITE v. RAPID CITY AREA SCHOOL DIST. 51-4

No. 24178.

739 N.W.2d 264 (2007)

2007 SD 95

Bernard M. EITE, Claimant and Appellant, v. RAPID CITY AREA SCHOOL DISTRICT 51-4, Employer and Appellee, and Associated School Boards of South Dakota Workers Compensation Trust Fund, Provider and Appellee.

Supreme Court of South Dakota.

Decided September 5, 2007.

Attorney(s) appearing for the Case

James D. Leach, Rapid City, South Dakota, Attorney for claimant and appellant.

Naomi R. Cromwell of Tieszen Law Office, LLC, Pierre, South Dakota, Attorney for appellees.

MEIERHENRY, Justice.

[¶ 1.] Bernard Eite (Eite) filed a petition for workers' compensation benefits after he suffered his third back injury while working as a custodian for the Rapid City School District (the District). After extensive expert testimony, the Department of Labor denied Eite's petition for permanent and total disability benefits under the odd-lot doctrine. Eite appeals and we reverse.

FACTS

[¶ 2.] Eite is fifty-eight years...

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