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WELLMAN v. SCHAD EXCAVATION, LLC

No. 25013.

768 N.W.2d 149 (2009)

2009 SD 46

Lance WELLMAN, Claimant and Appellant, v. SCHAD EXCAVATION, LLC, Employer and Appellee, and General Casualty Co. of Wisconsin, Insurer and Appellee.

Supreme Court of South Dakota.

Decided June 17, 2009.

Attorney(s) appearing for the Case

Frank Driscoll of Driscoll Law Office, P.C., Rapid City, South Dakota, Attorneys for appellant.

Michael S. McKnight, Charles A. Larson of Boyce, Greenfield, Pashby & Welk, LLP, Sioux Falls, South Dakota, Attorneys for appellees.

SEVERSON, Justice.

[¶ 1.] Lance Wellman appeals the denial of temporary partial disability benefits. We affirm.

FACTS

[¶ 2.] Wellman suffered a compensable injury when he fractured his left fibula while working for Schad Excavation, LLC (Employer) on May 3, 2005. At the time, he was earning $15 per hour. Wellman received medical treatment from Dr. Stewart Fromm and was off work until May 23, 2005. Wellman's benefit rate was $400 per week...

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