Legal Opinion

Wells v. Howe Heating & Plumbing, Inc.

South Dakota Supreme Court

Decided March 17, 2004No. NonePublishedCited by 20 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] In this workers’ compensation case, Thaddeus Wells, the claimant, an employee of Howe Heating & Plumbing, Inc., suffered electrical burns while working as an apprentice plumber. He filed for compensation. Howe and CNA Commercial Insurance, the employer and insurer, denied coverage, declaring that the claimant’s failure to use a portable ground fault circuit interrupter (GFCI) amounted to willful misconduct. The matter was heard before the Department of Labor. The Department found that the claimant’s failure to use a GFCI constituted willful misconduct and that such…

2Cases cited11 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. State v. GuthrieSouth Dakota Supreme Court · 2001
  4. Sopko v. C & R Transfer Co., Inc.South Dakota Supreme Court · 1998
  5. Johnson v. Albertson'sSouth Dakota Supreme Court · 2000

6 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Burley v. Kytec Innovative Sports Equipment, Inc.South Dakota Supreme Court · 2007
  2. Supreme Pork, Inc. v. Master Blaster, Inc.South Dakota Supreme Court · 2009
  3. State v. LemlerSouth Dakota Supreme Court · 2009
  4. Kostel v. SchwartzSouth Dakota Supreme Court · 2008
  5. Holscher v. Valley Queen Cheese FactorySouth Dakota Supreme Court · 2006

15 more not listed; retrieve them via the Exa API.

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