Orth v. Stoebner & Permann Construction, Inc.

GORS, Circuit Judge.

[¶ 1.] Dwain Orth appeals from a circuit court decision affirming the South Dakota Department of Labor’s determination that he was not entitled to workers’ compensation benefits. Reversed and remanded.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] Dwain Orth (Dwain) was born in Scotland, South Dakota, on February 22, 1942. He graduated from Scotland High School in 1960. He lived and worked in South Dakota his entire life. In 1962 Dwain married Rita. They had two children.

[¶ 3.] After graduating from high school Dwain held a variety of jobs. From 1972 through 1976 Dwain worked for…