Homestake Mining Co. v. South Dakota Subsequent Injury Fund

ACTION

MILLER, Retired Justice,

Acting By Appointment.

[¶ 1.] Homestake Mining Co. appeals from a declaratory judgment holding it was not entitled to reimbursement from the state’s Subsequent Injury Fund for certain workers’ compensation claims. We affirm and hold that SDCL 62-4-34.1 provided the applicable statute of limitations for Homestake to file its claims against the Fund and that a subsequent amendment of SDCL 62-4-34.7 could not revive Home-stake’s claims after the limitations period had expired and Homestake had failed to *614file its claims within that limitations period.

FACTS AND…