JOHNSON v. POWDER RIVER TRANSP.

No. 23897.

729 N.W.2d 375 (2007)

2007 SD 26

Cecil JOHNSON, Special Administrator of the Estate of Virginia Johnson, Claimant and Appellant, v. POWDER RIVER TRANSPORTATION, Employer and Appellee, and Indemnity Insurance Company, Insurer and Appellee.

Supreme Court of South Dakota.

Reassigned October 23, 2006.

Decided March 7, 2007.


Attorney(s) appearing for the Case

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

Craig A. Pfeifle of Lynn, Jackson, Shultz & Lebrun, Rapid City, South Dakota, Attorneys for appellees.


MEIERHENRY, Justice (on reassignment).

[¶ 1.] This workers' compensation case is before the Court for the second time and involves the calculation of benefits as related to cost-of-living increases and social security old-age benefits. We previously affirmed the Department of Labor's determination that Virginia Johnson was entitled to total permanent disability workers' compensation benefits in Johnson v. Powder River Transp., 2002 SD 23,

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