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DONNA THERKILDSEN, Appellant
vs.
.v. FISHER BEVERAGE and THE RAVELERS, Appellees.
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Issues:
Workers' compensation, alcohol testing, post-accident testing.
Case Summary:
Donna Therkildsen appeals the a court ruling that denies her worker's compensation death benefits after her husband, a sale representative for a beer distributor, is killed in a one-car accident after making a sales call at a bar.
Decision of lower jurisdiction:
The circuit court affirmed the ruling of state labor department that said alcohol was a factor in the accident but the evidence could not be admitted to the case record. The court reversed the department's decision to grant benefits.
Outcome:
Therkildsen loses. The Supreme Court of South Dakota affirmed the lower court's decision.