Legal Opinion

Wise v. Brooks Construction Services

South Dakota Supreme Court

Decided August 23, 2006No. 23938, 23943PublishedCited by 12 opinions

1Opinion of the Court

MEIERHENRY, Justice.

[¶ 1.] Danny Wise appeals a circuit court decision affirming the South Dakota Department of Labor’s (Department) determination denying permanent and total disability benefits pursuant to the odd-lot doctrine. Brooks Construction Services and Acuity Insurance Company (collectively referred to as Employer) appeal the circuit court’s decision affirming the Department’s determination that Wise proved that his December 5, 2001, injury was a major contributing cause of his need for treatment and surgery to his lumbar spine and that any recovered medical expenses could be paid…

2Cases cited43 opinions

  1. Martinmaas v. EngelmannSouth Dakota Supreme Court · 2000
  2. Stodghill v. Texas Employers Insurance Ass'nTexas Supreme Court · 1979
  3. Day v. John Morrell & Co.South Dakota Supreme Court · 1992
  4. Steinberg v. South Dakota Department of Military & Veterans AffairsSouth Dakota Supreme Court · 2000
  5. Paulson v. Idaho Forest Industries, Inc.Idaho Supreme Court · 1979

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3Cited by12 opinions

  1. Schieffer v. SchiefferSouth Dakota Supreme Court · 2013
  2. Fair v. Nash Finch Co.South Dakota Supreme Court · 2007
  3. Peterson v. Evangelical Lutheran Good Samaritan SocietySouth Dakota Supreme Court · 2012
  4. Simunek v. (Simunek) AuwerterSouth Dakota Supreme Court · 2011
  5. Billman v. Clarke MacHine, Inc.South Dakota Supreme Court · 2021

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