PETRIK v. JJ CONCRETE, INC.

Nos. 27173, 27180.

865 N.W.2d 133 (2015)

2015 S.D. 39

Jason PETRIK, Appellant, v. JJ CONCRETE, INC. and EMC Insurance Company, Appellees.

Supreme Court of South Dakota.

Decided June 3, 2015.


Attorney(s) appearing for the Case

Michael D. Bornitz , Joseph M. Dylla of Cutler & Donahoe, LLP, Sioux Falls, South Dakota, Attorneys for appellant.

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


[¶ 1.] Jason Petrik (Employee) was injured when he ran from a co-worker on the job site after tricking that co-worker out of an air-conditioned truck. JJ Concrete, Inc. (Employer) and EMC Insurance Company (Insurer) denied workers' compensation benefits to Employee because Employee's act was horseplay and, therefore, the injury...

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