... Allstate relied on its policy's workers' compensation exclusion, which provided: "[t]his coverage
does not apply to any person to the extent that the treatment is covered under any worker's
compensation law." [1] Apparently acknowledging that workers' compensation coverage ...
... Id. at 227 (emphasis added). [¶12.] This Court later considered another discharge claim
in Niesant v. Homestake Mining Co. of Cal., 505 NW2d 781 (SD 1993). In Niesant, an
employee was discharged after filing a workers' compensation claim. ...
... 1) that pertains to attorney's fees expended in obtaining a settlement for workers' compensation
benefits from an employer and its insurer into the provisions in SDCL 62-4-39, which pertains
to the recovery of damages from a third party after workers compensation benefits have ...