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BAIER v. DEAN KURTZ CONST., INC.

Nos. 24940, 24958.

761 N.W.2d 601 (2009)

2009 SD 7

Kelly J. BAIER, Claimant and Appellee, v. DEAN KURTZ CONSTRUCTION, INC., Employer and Appellant, Bituminous Insurance Companies, Insurer and Appellant, and MID-Century Insurance COMPANY, Insurer and Appellee.

Supreme Court of South Dakota.

Decided February 4, 2009.

Attorney(s) appearing for the Case

Jon J. Lafleur of LaFleur, LaFleur and LaFleur, P.C., Rapid City, SD, Eric C. Blomfelt of Blomfelt & Associates, P.C., Windsor, CO, Attorneys for appellee, Kelly J. Baier.

Jeremy D. Nauman, Rapid City, SD, Attorneys for appellee, Mid-Century.

Patricia A. Meyers, Stephen C. Hoffman of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, LLP, Rapid City, SD, Attorneys for appellant.

KONENKAMP, Justice.

[¶ 1.] Kelly Baier suffered from a degenerative arthritic hip disability. During the course of his employment, Baier's employer was insured by two separate workers' compensation insurers. The current insurer disputes its responsibility to pay Baier's workers' compensation benefits. The Department of Labor found the current insurer liable and awarded benefits. The insurer appeals and we affirm.

Background

[¶ 2.] Kelly...

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