Title 62 — WORKERS' COMPENSATION

Source: SL 1995, ch 297 , § 7; SL 1997, ch 302 , § 1; SL 2013, ch 259 , § 1.

Terms used in this title, unless the context otherwise plainly requires, shall mean: (1) "Annual earnings," the average weekly wages, computed as provided in §§ 62-4-24 to 62-4-28 , inclusive, multiplied by fifty-two; (2) "Ascertainable loss," a loss becomes ascertainable when it…

For purposes of this title only, a health care provider licensed and practicing within the scope of his profession under Title 36 is a medical practitioner. Source: SL 1990, ch 416 , § 6.

For the purposes of this chapter, impairment shall be determined by a medical impairment rating, expressed as a percentage to the affected body part, using the Guides to the Evaluation of Permanent Impairment established by the American Medical Association, sixth edition, July 20…

If an employer denies coverage of a claim for any reason under this Title or any reason permissible under Title 58, such injury is presumed to be nonwork related for other insurance purposes, and any other insurer covering bodily injury or disease of the injured employee shall pa…

An owner-operator who, as an individual or partner, or shareholder of a corporate owner-operator, owns a vehicle licensed and registered as a truck, road tractor, or truck tractor by a governmental agency, is an independent contractor while performing services in the operation of…

To receive certification as indicated in § 62-1-10 , the owner - operator and the carrier shall provide written documentation that the following are substantially present: (1) The owner - operator is responsible for the maintenance of the vehicle; (2) The owner - operator is resp…

Upon submission of the documentation required by § 62-1-11 , if the conditions are substantially met, the department shall issue a certificate of independent contractor status to the owner - operator and the carrier within thirty days. The certificate shall be kept with the vehic…

An owner - operator, as an independent contractor, may elect to participate in this state's workers' compensation system as a sole proprietor. Alternatively, an owner - operator and the motor carrier to whom the owner - operator's vehicle is leased may mutually agree that the own…

The department shall promulgate rules pursuant to chapter 1-26 governing the submission of the documentation required by § 62-1-11 and prescribe the form of the certificate issued pursuant to §

In any proceeding or hearing pursuant to this title, evidence concerning any injury shall be given greater weight if supported by objective medical findings. Source: SL 1995, ch 296 , § 5A.

An employer is civilly liable for wrongful discharge if it terminates an employee in retaliation for filing a lawful workers' compensation claim. The burden of proof is on the employee to prove the dismissal was in retaliation for filing a workers' compensation claim. Source: SL …

No employer may discriminate in hiring any prospective employee due to a preexisting injury if the preexisting injury does not affect the prospective employees' ability to perform the work for which the prospective employee is being hired. Source: SL 1995, ch 262 , § 13.

If an employee who has previously sustained an injury, or suffers from a preexisting condition, receives a subsequent compensable injury, the current employer shall pay all medical and hospital expenses and compensation provided by this title. Source: SL 1999, ch 262 , § 14.

Any independent contractor who is not an employer or a general contractor and is not covered under a workers' compensation insurance policy may sign an affidavit of exempt status under the South Dakota Workers' Compensation Law. Notwithstanding the provisions of § 62-3-10 , the a…

As used in this title the term "employer" includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the…

The affidavit must be on a form prescribed by the director of the Division of Insurance and must be notarized. The director of the Division of Insurance may promulgate rules pursuant to chapter 1-26 to provide definitions, the form and process for filing the affidavit, and docume…

Any person who solicits or provides false information on an affidavit of exempt status under the South Dakota Workers' Compensation Law with actual knowledge is guilty of a Class 2 misdemeanor. Source: SL 2015, ch 262 , § 3.

No employer or general contractor is required to accept an affidavit of exempt status as a substitute for a certificate of workers' compensation coverage. Source: SL 2015, ch 262 , § 4.

Cinna Bakers LLC regarding aggregation of wages abrogated. The Legislature finds that the aggregation of wages from concurrent employment was not within the Legislature's intent when it enacted the definition of earnings in subdivision 62-1-1(6). Therefore, the holding in Wheeler…

For a workers' compensation claim arising before May 6, 2015, an employee's earnings up to the claimed date of injury are calculated exclusively on the wages earned at the place of employment where the injury occurred. Source: SL 2016, ch 236 , § 2.

For a workers' compensation claim arising after May 5, 2015, if an employee was working for more than one employer, the employee's earnings used to calculate the employee's average weekly wage in §§ 62-4-24 , 62-4-25 , or 62-4-26 shall include the amount of compensation for the n…

As used in this title, the term,employee, means any person, including a minor, in the services of another under any contract of employment, express or implied, (and including as to a deceased employee, the employee's personal representative, dependents, and other persons to whom …

Notwithstanding subdivision 62-1-3(2), county highway superintendents, deputy sheriffs, constables, marshals, policemen, and firemen shall be deemed employees within the meaning of §

Notwithstanding the provisions of § 62-1-5.1 , students of elementary, secondary, and technical colleges are not employees within the meaning of this title. However, a school district or technical college, which provides a work experience educational class conducted off the schoo…

All persons providing voluntary service to a fire department, ambulance service, or rescue squad for any county, municipality, special purpose district, or township if regularly organized under the law shall be deemed employees of such county, municipality, special purpose distri…

Any volunteer worker rendering services in or for any agency, department, institution, or instrumentality of the state or of any of its political subdivisions, including counties, townships, school districts, or municipalities, whose services have been duly recommended to the off…

Any firefighter who is a member of any county, municipal, special purpose district, township, or private nonprofit corporation operating as a fire department that has on file a cooperative fire suppression agreement with the South Dakota Department of Public Safety, and has been …

For the purpose of workers' compensation coverage, any conservation officer while performing any act ordinarily considered a law enforcement officer's duty shall be deemed to be acting in the course of the officer's employment. Source: SDC 1939, § 64.0102 (2) (b) as added by SL 1…

Every duly elected or appointed executive officer of a corporation, other than a charitable, religious, educational, or other nonprofit corporation, shall be an employee of such corporation under this title. Source: SDC 1939, § 64.0102 (2) (b) as added by SL 1957, ch 495 ; SL 195…

Notwithstanding any other provision of this title, any charitable, religious, educational, or other nonprofit corporation which has accepted the provisions of this title may cause any duly elected or appointed executive officer to be an employee of such corporation under this tit…

This title shall be known and cited as the "South Dakota Workers' Compensation Law." Source: SL 1917, ch 376 , § 1; RC 1919, § 9436; SDC 1939, § 64.0101; SL 1975, ch 322 , § 3.