Hyatt v. Harvest States and National Union Fire
South Dakota Supreme Court
1Opinion of the CourtMiller, Chief Justice
[¶ 1.] In this discretionary appeal we reverse the circuit court and hold that a claimant’s petition for medical bills in an occupational disease claim was time-barred by the statute of limitations.
FACTS
[¶ 2.] Berton N. Hyatt (Claimant) worked for Harvest States Cooperative (Employer) from May 1, 1983 until May 31, 1990. Claimant’s employment with Employer exposed him to dust and various particles. The exposure caused him to develop the occupational diseases of emphysema and bronchospactic pulmonary disease. He timely filed an occupational disease notice with Employer on September 10, 1990.…
2Cases cited12 opinions
- University of Denver v. Industrial Com'n of Colo.Supreme Court of Colorado · 1959
- Larsen v. Sioux Falls School District 49-5South Dakota Supreme Court · 1993
- Call v. Benevolent & Protective Order of ElksSouth Dakota Supreme Court · 1981
- Allen v. IBP, Inc.Nebraska Supreme Court · 1985
- Heupel v. Imprimis Technology, Inc.South Dakota Supreme Court · 1991
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3Cited by1 opinion
- Wetch v. Crum & Forster Commercial InsDistrict Court, D. South Dakota · 2020