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VOLLMER v. WAL-MART STORE, INC.

No. 23948.

729 N.W.2d 377 (2007)

2007 SD 25

Ginger VOLLMER, Appellant, v. WAL-MART STORE, INC. and National Union Fire Insurance of Pittsburgh, PA, Appellees.

Supreme Court of South Dakota.

Decided March 7, 2007.

Attorney(s) appearing for the Case

Michael J. Simpson of Julius & Simpson, LLP, Rapid City, South Dakota, Attorneys for appellant.

Comet H. Haraldson of Woods, Fuller, Shultz and Smith, Sioux Falls, South Dakota, Attorneys for appellee.

KONENKAMP, Justice.

[¶ 1.] Ginger Vollmer appeals the circuit court's decision affirming the ruling by the Department of Labor dismissing her workers' compensation claim. We reverse and remand.

I.

[¶ 2.] Ginger Vollmer, a pharmacy technician, began working at Wal-Mart in 1992. By all accounts, she was an excellent employee. She was injured at work on September 1, 1999, when she crouched down beside a compact refrigerator to put away a small...

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