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SCHUELKE v. BELLE FOURCHE IRRIGATION DIST.

No. 26717.

840 N.W.2d 669 (2013)

2013 S.D. 82

Darin SCHUELKE, Claimant and Appellant, v. BELLE FOURCHE IRRIGATION DISTRICT, Employer and Appellee, and First Dakota Indemnity Company, Insurer and Appellee.

Supreme Court of South Dakota.

Decided November 26, 2013.

Attorney(s) appearing for the Case

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

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

SEVERSON, Justice.

[¶ 1.] Darin Schuelke suffered work-related injuries in 2000. He filed a first report of injury on February 22, 2000. The employer and insurer (collectively Employer) accepted Schuelke's claim as compensable and paid workers' compensation benefits. Employer's last payment of benefits was on August 4, 2004. Schuelke filed another first report of injury on October 5, 2009, based on the same injuries. Employer denied benefits. Schuelke filed a...

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