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HAYES v. ROSENBAUM SIGNS & OUTDOOR ADVER.

No. 26875.

853 N.W.2d 878 (2014)

2014 S.D. 64

Kevin HAYES, Appellant, v. ROSENBAUM SIGNS & OUTDOOR ADVERTISING, INC. and Acuity, Appellees.

Supreme Court of South Dakota.

Decided August 27, 2014.

Attorney(s) appearing for the Case

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

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

SEVERSON, Justice.

[¶ 1.] Kevin Hayes appeals the Seventh Judicial Circuit Court's affirmance of a Department of Labor's (Department's) workers' compensation determination. We reverse and remand.

Background

[¶ 2.] Hayes injured his lower back on March 27, 2007, while working for Rosenbaum Signs. Rosenbaum and its insurer Acuity (collectively "Employer") treated the claim as compensable and paid for medical treatment. Employer then required...

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