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  5. 729 N.W.2d 166 (2007)
 

TEBBEN v. GIL HAUGAN CONST., INC.

Nos. 23847, 23848.

729 N.W.2d 166 (2007)

2007 SD 18

Cheryl TEBBEN, Claimant and Appellant, v. GIL HAUGAN CONSTRUCTION, INC., Employer and Appellee, and General Casualty, Insurer and Appellee.

Supreme Court of South Dakota.

Reassigned October 11, 2006.

Decided February 21, 2007.

Rehearing Denied March 29, 2007.

Attorney(s) appearing for the Case

James G. Abourezk of Abourezk Law Offices, P.C., Sioux Falls, for appellant.

Michael S. McKnight, Lisa Hansen Marso of Boyce, Greenfield, Pashby & Welk, L.L.P., Sioux Falls, for employer, insurer and appellees.

KONENKAMP, Justice (on reassignment).

[¶ 1.] Cheryl Tebben sought workers' compensation benefits for the death of her husband. The Department of Labor denied her claim and Ms. Tebben appealed to the circuit court. The court affirmed the Department's decision and she now appeals to this Court. We reverse in part and affirm in part.

Background

[¶ 2.] Cheryl and Brian Tebben were married on March 1, 1978. Brian Tebben began working for Gil...

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