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KENDALL v. JOHN MORRELL & CO.

No. 26078.

809 N.W.2d 851 (2012)

2012 S.D. 13

Patrick KENDALL, Sr., Appellant, v. JOHN MORRELL & COMPANY, Appellee.

Supreme Court of South Dakota.

Decided February 8, 2012.

Attorney(s) appearing for the Case

Lee C. "Kit" McCahren of Olinger, Lovald, McCahren & Reimers, PC, Pierre, South Dakota, Attorneys for appellant.

Michael S. McKnight , William J. Gassen III of Boyce, Greenfield, Pashby & Welk, LLP, Sioux Falls, South Dakota, Attorneys for appellee.

ZINTER, Justice.

[¶ 1.] Patrick Kendall, Sr. suffered a work-related injury while working at John Morrell & Co., a self-insured employer. Morrell initially accepted Kendall's workers' compensation claim. Because Kendall later missed a number of physical therapy and doctor's appointments, Morrell sent him a certified letter denying all further workers' compensation benefits relating to the injury. Almost three years later, Kendall filed a petition with the...

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