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Shykes v. Rapid City Hilton Inn9/6/2000
m if she wanted to improve. He also explained to Greg what he must do to file a workers' compensation claim against Hilton. Greg filed the claim, which indicates that he knew how to do it and the importance of it. On February 2, 1994, Dr. Goff reported that it was not clear to what extent Chong's work at Custom contributed to her disorder. Based on the cumulative evidence, a reasonable person, with Chong's education and intelligence, would have known that she had a compensable claim against Custom upon receipt of the March 1 letter. In fact, as indicated, it is clear that Chong and her husband chose not to provide timely notice to Custom for their own economic reasons.
[ ] We affirm the circuit court's determination that Chong failed to comply with the thirty-day notification requirement. Furthermore, Chong failed to prove that Custom had actual knowledge that her injury arose from her employment at Custom. Nor did Chong prove that she had a "reasonable excuse" in failing to comply with SDCL 62-7-10. Since Chong's claim against Custom is barred, we need not address the remaining issues.
[ ] MILLER, Chief Justice, and AMUNDSON, KONENKAMP, and GILBERTSON, Justices, concur.
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