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McNEIL v. SUPERIOR SIDING, INC.

No. 25106.

771 N.W.2d 345 (2009)

2009 SD 68

Terry McNEIL, Claimant and Appellant, v. SUPERIOR SIDING, INC., Employer and Appellee, and Acuity, Insurer and Appellee.

Supreme Court of South Dakota.

Rehearing Denied August 14, 2009.

Attorney(s) appearing for the Case

Anthony P. Bolson of Beardsley, Jensen & Von Wald, Prof. LLC, 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.] Terry McNeil appeals the circuit court's ruling that he failed to comply with the statutory notice requirement for reporting his work-related injury. We affirm in part and reverse in part.

FACTS

[¶ 2.] McNeil injured his upper back on August 13, 2005, while working for Superior Siding, Inc. (Employer). He was moving a box of siding from one side of the jobsite to the other. After McNeil picked up the box and placed...

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