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JEWETT v. REAL TUFF, INC.

No. 25767.

800 N.W.2d 345 (2011)

2011 S.D. 33

Carlin JEWETT, Sr., Claimant and Appellant, v. REAL TUFF, INC., Employer and Appellee, and Acuity, a Mutual Insurance Company, Insurer and Appellee.

Supreme Court of South Dakota.

Decided June 29, 2011.

Attorney(s) appearing for the Case

Wesley W. Buckmaster of Buckmaster Law Offices, PC, Belle Fourche, 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.] Carlin Jewett, Sr. sought workers' compensation benefits for a right knee replacement and for diagnostic treatment of his left knee. Jewett relied on two theories. He first contended that work-related injuries to both knees were a major contributing cause of the need for the medical treatment. Under his second (alternative) theory, Jewett acknowledged that he had pre-existing bilateral patellofemoral osteoarthritis that caused the need...

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