Dubbelde v. John Morrell & Co.

MEIERHENRY, Circuit Judge.

Facts and Procedural History

This appeal stems from a worker’s compensation proceeding and appeal to circuit court. On January 8, 1985, Claimant Pete Dubbelde (Dubbelde) sustained an injury to his right shoulder arising out of and during the course of his employment with John Morrell & Company (Morrell). As a result of the injury, Morrell paid Dubbelde worker’s compensation at a rate of $227.98 per week. Following an appeal hearing before the State of South Dakota, Department of Labor, Division of Labor and Management (Department), the Department entered a decision…