Title 62 — WORKERS' COMPENSATION

62-2-2 , 62-2-3. Repealed by SL 1978, ch 359 , § 20.

The Governor shall appoint a State Workers' Compensation Advisory Council, composed of nine members, four representing employees, two of whom shall be from recommendations submitted by the South Dakota Federation of Labor. No employee representative may be a member of a personnel…

The Workers' Compensation Advisory Council shall include in its annual report data about the average amount of disability or fatality benefits paid for a claim over the most recent calendar years, the ratio of disability and fatality benefits to overall benefits paid, and any cha…

Employers shall display informational postings promoting safety in the workplace in visible locations throughout the business premises in accordance with rules promulgated by the Department of Labor and Regulation pursuant to chapter 1-26 . Source: SL 1992, ch 364 , § 3; SL 2011,…

The department shall establish a small claims procedure for medical expense claims not exceeding eight thousand dollars. The procedure may only be used for a medical expense claim incurred after the department has held a hearing and has adjudicated the underlying injury as compen…

The department shall, by rules promulgated pursuant to chapter 1-26 , provide for the manner in which the disputed claims shall be presented and the forms required from the claimant and from employers. Source: SL 2006, ch 271 , § 2.

Any claimant pursuant to §§ 62-2-12 to 62-2-22 , inclusive, shall initiate a claim by completing a form provided by the department. Source: SL 2006, ch 271 , § 3.

The department shall send notice to the party claimed against by registered or certified mail, return receipt. Source: SL 2006, ch 271 , § 4.

Any party claimed against may assert any setoff or counterclaim that is within the jurisdiction of the department. Source: SL 2006, ch 271 , § 5.

The department shall conduct the hearings in accordance with chapter 1-26 . The department shall expedite any hearing to the extent possible. Source: SL 2006, ch 271 , § 6.

Any medical record, correspondence, medical bill, and expert report and correspondence is admissible as evidence. Nothing in §§ 62-2-12 to 62-2-22 , inclusive, precludes an employer or insurer from obtaining an examination pursuant to §

Upon the request of any party claimed against, the claimant shall provide an executed medical release in a form prescribed by the department, sufficiently in advance of the hearing to allow the party claimed against to obtain such medical records as it deems appropriate. Any part…

Within fifteen days after receiving the decision by the department, any party may appeal the decision to the secretary of labor and regulation. The secretary of labor and regulation may on the secretary's own motion affirm, modify, or set aside any decision on the basis of the ev…

Any claimant in any proceeding before the department may be represented by counsel or other duly authorized agent, but no such counsel or agent may either charge or receive for such services more than an amount approved by the department. An employer or insurer, including a corpo…

Any finding of fact, conclusion of law, decision, or final order made in a small claims proceeding may not be used as evidence in any separate or subsequent action or proceeding between anyone in any tribunal, agency, or court of this state or the United States, regardless of whe…

Repealed by SL 1971, ch 275 , § 11.

The Department of Labor and Regulation shall carry out and enforce the provisions of this title. The department may promulgate rules pursuant to chapter 1-26 governing procedures in worker's compensation hearings, petitions, interested parties, summary judgments, dismissals, appl…

The department may subpoena witnesses, administer oaths, and examine such books and records of the parties to a proceeding or investigation as relate to questions in dispute or under investigation. The circuit court may enforce the provisions of this title relating to the attenda…

62-2-8 , 62-2-9. Repealed by SL 1978, ch 359 , § 20.