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THURMAN v. ZANDSTRA CONST.

No. 25425.

785 N.W.2d 268 (2010)

2010 SD 46

Edward D. THURMAN, Claimant and Appellant, v. ZANDSTRA CONSTRUCTION, Employer and Appellee, and General Casualty, Insurer and Appellee.

Supreme Court of South Dakota.

Decided June 16, 2010.

Attorney(s) appearing for the Case

Michael J. Simpson of Julius & Simpson, LLP, Rapid City, South Dakota, Attorneys for claimant and appellant.

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

ZINTER, Justice.

[¶ 1.] Following a work-related injury, Edward D. Thurman's employer and insurer (collectively referred to as Employer) paid Thurman workers' compensation benefits. Almost four years after the last payment, Thurman petitioned the Department of Labor for additional benefits arising from the same injury. The Department and circuit court granted summary judgment in favor of Employer. Both concluded that Thurman's petition was untimely under a statute...

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