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McQUAY v. FISCHER FURNITURE

No. 25995.

808 N.W.2d 107 (2011)

2011 S.D. 91

Mark Dennis McQUAY, Plaintiff and Appellant, v. FISCHER FURNITURE, Employer and Appellee, and Acuity, Insurer and Appellee.

Supreme Court of South Dakota.

Decided December 21, 2011.

Attorney(s) appearing for the Case

Dennis W. Finch of Finch Maks, Prof. LLC, Rapid City, South Dakota, Attorneys for appellant.

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

SEVERSON, Justice.

[¶ 1.] Mark Dennis McQuay received workers' compensation benefits for a neck and back injury he suffered on October 22, 2002, while working for Fischer Furniture. After his workers' compensation benefits were discontinued in March 2004, McQuay sought treatment for a low back condition. He petitioned the Department of Labor (Department) for workers' compensation benefits. The Department ruled McQuay did not prove his low back condition was related...

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