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WHITESELL v. RAPID SOFT WATER & SPAS, INC.

No. 26793.

850 N.W.2d 840 (2014)

2014 S.D. 41

Jeffrey I. WHITESELL, Claimant and Appellee, v. RAPID SOFT WATER & SPAS INC., Employer and Appellant, and Acuity, Insurer and Appellant, and Zurich North America, Insurer.

Supreme Court of South Dakota.

Decided July 2, 2014.

Attorney(s) appearing for the Case

James D. Leach , Rapid City, South Dakota, Attorney for claimant and appellee.

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

SEVERSON, Justice.

[¶ 1.] Rapid Soft Water & Spas, Inc., Acuity, and Zurich North America (collectively "Employer") appeal the Seventh Judicial Circuit Court's reversal of a Department of Labor's (Department) determination that Employer fulfilled its reimbursement obligation under SDCL 62-1-1.3. We reverse the circuit court.

Background

[¶ 2.] Jeffrey Whitesell suffered a cervical injury at work. Employer accepted a workers' compensation...

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