Title 62 — WORKERS' COMPENSATION

Ord. 11-1 ), § 33, eff. Apr. 12, 2011.

Any compensation due to beneficiaries under §§ 62-4-12 to 62-4-22 , inclusive, may not be paid in a lump sum, except for the remarriage lump sum provided in §

An employee entitled to receive disability payments shall, if requested by the employer, submit himself or herself at the expense of the employer for examination to a duly qualified medical practitioner or surgeon selected by the employer, at a time and place reasonably convenien…

An employee who claims compensation for an injury shall immediately, or as soon thereafter as practical, notify the employer of the occurrence of the injury. Written notice of the injury shall be provided to the employer no later than three business days after its occurrence. The…

Repealed by SL 1994, ch 396 , § 13.

If the employer and injured employee or the employee's representative or dependents fail to reach an agreement in regard to compensation under this title, either party may notify the Department of Labor and Regulation and request a hearing according to rules promulgated pursuant …

Any employee of the Department of Labor and Regulation who conducts hearings for workers' compensation claims pursuant to the department's authority to conduct such hearing shall be an attorney, licensed to practice law in South Dakota. Source: SL 1973, ch 2 , § 95; SL 2011, ch 1…

In any contested case arising under the provisions of Title 62, any party, in person or by counsel, may informally request the hearing examiner who, in the ordinary course, would hear the contested case, to disqualify himself or herself. The requesting party may, but is not oblig…

The department may make such inquiries and investigations it deems necessary. The hearings of the department shall be in a place which the department determines to be convenient to the parties and to the witnesses. A record of the proceedings at the hearing shall be kept, the exp…

The department may appoint a duly qualified and impartial physician to examine the injured employee and make a report. The fee for this service shall be paid by the insurer or self - insured employer, together with traveling expenses, and the amount of such fee shall be subject t…

The fees and mileage for attending as a witness before the department shall be the same as allowed in circuit court. All costs incurred in the hearing before the department may be taxed against the losing party or an equitable apportionment made thereof by the department accordin…

Any party to proceedings before the department may within ten days after service upon the party of a decision of the department, as provided in § 62-7-13 , file with the department a petition for a review of the decision. Upon the filing of the petition the secretary may either d…

Any party may elect to treat as final the decision of the department made as provided in § 62-7-13 and appeal therefrom without making any petition for review, in which event the decision provided for in § 62-7-13 shall be treated as the final decision of the department and subje…

If a petition for a review is filed as provided in § 62-7-16 , it may not be deemed that the department has made a final decision until there is a final determination on the petition. The final determination shall in that event be deemed the final decision of the department and s…

Any employer or employee may appeal to the circuit court pursuant to chapter 1-26 from any final order or decision of the Department of Labor and Regulation which arises under the provisions of this title. Upon any appeal under this section all intermediate orders or decisions af…

The examination provided by § 62-7-1 shall be made in the presence of a duly qualified medical practitioner or surgeon employed and paid for by the employee, if the employee so desires. If the examination is made by a surgeon engaged by the employer and the injured employee has n…

If the employee refuses to submit himself or herself to examination pursuant to § 62-7-1 or unnecessarily obstructs the examination, the employee's right to compensation payments shall be temporarily suspended until the examination takes place. No compensation is payable under th…

All notices or orders provided for in this chapter may be served personally or by registered or certified mail. If served by registered or certified mail, proof by affidavit thereof shall be accompanied by post office return receipt. If, however, any party is represented by an at…

Any party in interest may, after expiration of the time for a petition for review or appeal, present a memorandum of agreement, approved by the department, or a certified copy of any portion of an order or decision of the department from which no petition for review or appeal has…

Upon presentation to the circuit court of a certified copy of the decision of the department ending, diminishing, or increasing any payment to be made under the provisions of this title, the court shall revoke or modify the judgment to conform to such decision. Source: SL 1917, c…

Any payment, including medical payments under § 62-4-1 , and disability payments under § 62-4-3 if the earnings have substantially changed since the date of injury, made or to be made under this title may be reviewed by the Department of Labor and Regulation pursuant to § 62-7-12…

Any notice given by the department, or any other notice for which provision is made by this title, shall be in writing, and service thereof, unless otherwise specifically provided, shall be sufficient if by registered or certified mail addressed to the last known address of the p…

The right to compensation under this title shall be forever barred unless a written petition for hearing pursuant to § 62-7-12 is filed by the claimant with the department within two years after the self-insurer or insurer notifies the claimant and the department, in writing, tha…

In any case in which any benefits have been tendered pursuant to this title on account of an injury, any claim for additional compensation shall be barred, unless the claimant files a written petition for hearing pursuant to § 62-7-12 with the department within three years from t…

The provisions of §§ 62-7-35 and 62-7-35.1 do not apply to a person with a mental illness, a person with a developmental disability, or a minor if the person has no guardian or legal representative. The limitations of §§ 62-7-35 and 62-7-35.1 do apply to the person with a mental …

The right to compensation under this title is forever barred if no medical treatment has been obtained within seven years after the employee files the first report of injury. Source: SL 1999, ch 261 , § 12.

Except as otherwise provided, fees for legal services under this title shall be subject to approval of the department. Attorneys' fees may not exceed the percentage of the amount of compensation benefits secured as a result of the attorney's involvement as follows: (1) Twenty-fiv…

If the employer and injured employee do not agree as to compensability in whole or in part, either party may request the department to conduct a mediation. The mediation shall be in a location convenient to the parties or by telephonic conference and shall be conducted in accorda…

In cases where there are multiple employers or insurers, if an employee claims an aggravation of a preexisting injury or if an injury is from cumulative trauma making the exact date of injury undeterminable, the insurer providing coverage to the employer at the time the aggravati…

An employee, employer, employer's insurer, or self-insured employer shall be permitted to use the results of post-offer base line testing or a functional capacity assessment, as utilized by Guidelines to the Evaluation of Permanent Impairment established by the American Medical A…

Repealed by SL 1990, ch 416 , § 2.

In proceedings for workers' compensation benefits brought under this title, if the finder of fact determines that any person testifying in the proceeding has knowingly sworn falsely to any material fact in the proceeding, then the finder of fact may reject all of the testimony of…

If an employee is not totally disabled but is unable to return to the employee's usual and customary employment, the employer may, in lieu of rehabilitation, require the employee to accept, in addition to an earned income, a supplemental wage benefit to be paid by the employer wh…

If the employer and employee reach an agreement in regard to the compensation under this title, a memorandum of the agreement shall be filed with the department by the employer or employee. Unless the department within twenty days notifies the employer and employee of its disappr…

An employer or employee who desires to have any unpaid compensation paid in a lump sum may petition the Department of Labor and Regulation asking that the compensation be paid in that manner. If, upon proper notice to interested parties and proper showing before the department, i…

If necessary, upon proper application being made, a conservator or administrator, as the case may be, may be appointed for any person under disability who may be entitled to any compensation under this title, and an employer bound by the terms of this title and liable to pay such…

Except as otherwise provided, fees for health services, including hospital services, depositions, and reproduction of medical and hospital information, under this title are subject to approval of the department. The department shall, by rule promulgated pursuant to chapter 1-26 ,…

No health care provider may charge a higher price for goods, care or services rendered to an injured worker who is eligible for workers' compensation benefits based on the ability of the employer or the insurer to pay for such goods, care or services. A violation of this section …

Repealed by omission from SL 1968, ch 270 .