S. D. Supreme Court Ruling Overturns Labor Department’s Decision

September 10, 2007

  • September 10, 2007 at 7:43 am
    Smitty says:
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    Bernard Eite, 58, who moved to the Rapid City area from England in 1985

    began working as a custodian in 1989
    injured back when:
    *1993 when he fell on ice outside a school
    *in 1996 when he was lifting a box
    *in 2001 when he again fell on some ice.

    “The district twice tried to shift Eite to work as an instructional assistant in classrooms, but he was unable to help students with their work because he could not read or write at a sufficient level, according to court documents.”

    He can’t read or write
    *Eite had misrepresented his physical capabilities to doctors, there was a lack of medical evidence to support his disability claim, and his testimony lacked credibility-translation-he’s a liar

    “A surveillance video made by a private investigator hired by the school district showed Eite camping and boating with his family over a four-day period. He climbed in and out of a boat, lifted some items and displayed relatively normal motion, according to court records.”

    They had video of him moving normally yet the courts still gave him permenent disability.

    Too bad there isn’t an immigrant charge law.



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