DARLING v. WEST RIVER MASONRY, INC.

No. 25275.

777 N.W.2d 363 (2010)

2010 SD 4

Joel DARLING, Claimant and Appellant, v. WEST RIVER MASONRY, INC., Employer and Appellee, and United Fire & Casualty Company, Insurer and Appellee.

Supreme Court of South Dakota.

Decided January 6, 2010.


Attorney(s) appearing for the Case

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

Eric C. Blomfelt, Jeremy D. Nauman of Eric C. Blomfelt & Associates, PC, Denver, Colorado, Attorneys for appellees.


SEVERSON, Justice.

[¶ 1.] Joel Darling (Darling) appeals the circuit court judgment that the South Dakota Department of Labor (the Department) erred in concluding his work-related injury was a major contributing cause of his disk bulges, nerve impingement, stress fractures, and disk slippage so that the treatment, including surgery, related to those conditions was compensable. We affirm in part and reverse in part.

BACKGROUND

[¶ 2.] Darling...

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