Title 62 — WORKERS' COMPENSATION
9 chapters · 245 sections in this title.
SDCL § 62-4-5 Compensation for partial disability
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If, after an injury has been sustained, the employee as a result thereof becomes partially incapacitated from pursuing the employee's usual and customary line of employment, or if the employee has been released by the employee's physician from temporary total disability and has n…
SDCL § 62-4-5.1 Compensation during period of rehabilitation--Procedure
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If an employee suffers disablement as defined by subdivision 62-8-1(3) or an injury and is unable to return to the employee's usual and customary line of employment, the employee shall receive compensation at the rate provided by § 62-4-3 up to sixty days from the finding of an a…
SDCL § 62-4-50 Immunity for good faith written request of investigation--False written request as misdemeanor
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Any person or party participating in good faith in the making of a written request pursuant to § 62-4-47 is immune from any liability, civil or criminal, that might otherwise be incurred or imposed and has the same immunity for participation in any judicial proceeding resulting f…
SDCL § 62-4-51 Fraudulent workers' compensation claims as misdemeanor
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Any person who knowingly files a fraudulent claim for workers' compensation benefits is guilty of a Class 1 misdemeanor. Source: SL 1994, ch 399 .
SDCL § 62-4-52 Definition of terms
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Terms used in § 62-4-53 mean: (1) "Community," the area within sixty road miles of the employee's residence unless: (a) The employee is physically limited to travel within a lesser distance; (b) Consideration of the wages available within sixty road miles and the cost of commutin…
SDCL § 62-4-53 Permanent total disability--Burden of proof--Moving expenses paid by employer in certain cases
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An employee is permanently totally disabled if the employee's physical condition, in combination with the employee's age, training, and experience and the type of work available in the employee's community, cause the employee to be unable to secure anything more than sporadic emp…
SDCL § 62-4-54 Determining usual and customary line of employment
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Usual and customary line of employment is to be determined by evaluation of the following factors: (1) The skills or abilities of the person; (2) The length of time the person spent in the type of work engaged in at the time of the injury; (3) The proportion of time the person ha…
SDCL § 62-4-55 Suitable, substantial, and gainful employment defined
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Employment is considered suitable, substantial, and gainful if: (1) It returns the employee to no less than eighty-five percent of the employee's prior wage earning capacity; or (2) It returns the employee to employment which equals or exceeds the average prevailing wage for the …
Additional compensation for specific bodily injuries
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For injuries in the following schedule, an employee shall receive in addition to compensation provided by §§ 62-4-1 , 62-4-3 , and 62-4-5.1 , compensation for the following further periods, subject to the limitations as to rate and amounts fixed in § 62-4-3 , for the specific med…
SDCL § 62-4-7.1 SDCL 62-4-7.1
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Prospective application of benefit increase in §
SDCL § 62-4-8 Death resulting from injury--Payments to personal representative or beneficiaries of deceased
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In case death occurs as a result of the injury, then if the employee leaves any spouse, child, parent, grandparent, or lineal heir entitled to compensation under §§ 62-4-12 to 62-4-15 , inclusive, the compensation shall be paid at the option of the employer, either to the persona…
SDCL § 62-4-8.1 Scholarships provided to certain persons receiving workers' compensation benefits--Eligibility
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Scholarships shall be provided for the spouses and dependent children of employees who die as a result of compensable work-related injuries if the dependents are entitled to benefits pursuant to this chapter. Scholarships are payable to accredited postsecondary education institut…
SDCL § 62-4-9 SDCL 62-4-9
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Repealed by SL 1974, ch 333 , § 7.