Title 62 — WORKERS' COMPENSATION

Terms used in this chapter mean: (1) "Compensation," the payments and benefits provided for in the South Dakota workers' compensation law, subject to the conditions and limitations contained in this chapter; (2) "Department," the Department of Labor and Regulation of the State of…

Repealed by SL 1971, ch 286 , § 7.

An employer is not liable for compensation or other benefits under the provisions of this chapter for disability or death unless a claim is filed with the Department of Labor and Regulation within two years after the claimant becomes disabled from such disease, or in the case of …

The burden of proof shall be upon the claimant to establish each and every fact under § 62-8-11 by competent medical evidence. Source: SDC 1939, § 64.0807 (1) as enacted by SL 1947, ch 426 ; SL 1965, ch 308 , § 1.

An employer is not liable for compensation or other benefits under the provisions of this chapter for disability or death unless notice of disability and claim for compensation has been given and made to the employer in writing within the time fixed in §§ 62-8-29 to 62-8-32 , inc…

No claim for disability or death from silicosis may be maintained or prosecuted otherwise than under the provisions of this chapter, or come within the provisions of this chapter, unless the employee has been injuriously exposed to the inhalation of silica dust over a period of n…

If compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of the disease is liable therefor. The amount of the compensation shall be based upon the average weekly wages (as defined in the work…

The maximum compensation to be allowed for disability, or death, or both, on account of any occupational disease is the limit fixed in the workers' compensation law. Source: SDC 1939, § 64.0809 as enacted by SL 1947, ch 426 .

If a totally disabled employee engages in any remunerative work for any other employer, the employee thereby waives disability benefits or compensation under this chapter for the period as the employee is so engaged. Source: SDC 1939, § 64.0809 as enacted by SL 1947, ch 426 ; SL …

In case of silicosis, the only employer liable is the last employer in whose employment the employee was last injuriously exposed to the hazards of the disease during a period of sixty days or more. Source: SDC 1939, § 64.0809 as enacted by SL 1947, ch 426 ; SL 2008, ch 278 , § 5…

In case of disability or death from silicosis, complicated with tuberculosis of the lungs, compensation is payable as for uncomplicated silicosis, if the silicosis was an essential factor in causing the disability or death. Source: SDC 1939, § 64.0810 as enacted by SL 1947, ch 42…

Repealed by SL 1971, ch 286 , § 2.

Compensation is not payable for partial disability due to silicosis, except as provided in §§ 62-8-24 , 62-8-27 , and

No compensation for death from an occupational disease is payable to any person whose relationship to the deceased, which, under the provisions of this chapter would give right to compensation, arose subsequent to the beginning of the first compensable disability, save only to af…

Notwithstanding anything contained in this chapter, no employee or dependent of any employee, or personal representative of a deceased employee, or other person is entitled to receive compensation for disability or death from an occupational disease if the disability or death, wh…

As used in § 62-8-22 , willful self-exposure shall be conclusively presumed if any of the following occur: (1) An employee or applicant for employment fails or omits truthfully to state in writing to the best of the employee's knowledge in answer to any inquiry made by the employ…

If an employee, though not actually disabled, has nondisabling silicosis, the employee may, subject to the approval of the Department of Labor and Regulation, waive in writing full compensation for any aggravation of the employee's condition that may result from the employee cont…

A worker, seeking employment and having knowledge or being informed that the worker is affected with a nondisabling silicosis, who nevertheless voluntarily prefers to work in an occupation where the worker's disease may become aggravated, may, with the approval of the department,…

Before approving a waiver under § 62-8-24 or 62-8-25 , the department shall be satisfied that the worker has voluntarily entered into the agreement to waive compensation, that it is of greater advantage to the worker and the worker's dependents, if any, for the worker to work in …

If an employee working subject to this chapter, who has not previously executed any of the waivers referred to in §§ 62-8-24 to 62-8-26 , inclusive, and who would be entitled to compensation under this chapter if disabled, is, because the employee had a nondisabling silicosis, di…

Any employee who in the course of employment has been exposed to the inhalation of silica dust and who wishes to submit to examination by the department to determine whether the employee has silicosis, and the degree thereof, may petition the department for an order directing the…

Unless written notice of an occupational disease is given by the worker to the employer within six months after the employment has ceased in which it is claimed that the disease was contracted, and, in case of death, unless written notice of such death is given within ninety days…

The terms, contracted, and incurred, as used in this chapter when referring to an occupational disease, are the equivalent of the phrase, arising out of and in the course of, as used in the workers' compensation law. Source: SDC 1939, § 64.0805 as enacted by SL 1947, ch 426 ; SL …

Notwithstanding § 62-8-29 , the time for filing notice and claims does not begin to run in cases of incapacity from exposure to ionizing radiation until one year after the date upon which the employee first suffered incapacity and either knew or in the exercise of reasonable dili…

Notice and claim under § 62-8-29 may be made by any person claiming to be entitled to compensation or by someone in the person's behalf. Source: SDC 1939, § 64.0818 as enacted by SL 1947, ch 426 ; SL 1965, ch 308 , § 2; SL 2008, ch 278 , § 72.

If compensation payments have been made and discontinued, and further compensation is claimed, the claim for the further compensation shall be made within one year after the last payment. Source: SDC 1939, § 64.0818 as enacted by SL 1947, ch 426 ; SL 1965, ch 308 , § 2; SL 2008, …

If an employee of an employer subject to this chapter suffers from an occupational disease as defined in § 62-8-1 , and is thereby disabled from performing work in the last occupation in which the employee was injuriously exposed to the hazards of the disease, or dies as a result…

The Department of Labor and Regulation may contract with licensed physicians for medical reports on controverted medical questions in any case on a claim for compensation for an occupational disease. Source: SL 1974, ch 3 , § 19; SL 2008, ch 278 , § 74; SL 2011, ch 1 (Ex. Ord. 11…

Upon the filing of a claim for compensation for death from an occupational disease where an autopsy is necessary accurately and scientifically to ascertain and determine the cause of death, the autopsy shall be ordered by the department. The department may designate a duly licens…

The secretary of the Department of Labor and Regulation also may exercise such authority on the secretary's own motion or on application made to the secretary at any time by any party in interest, upon the presentation of facts showing that a controversy may exist in regard to th…

All proceedings for compensation shall be suspended upon refusal of a claimant or claimants to permit the autopsy when so ordered. No compensation is payable during the continuance of the refusal. Source: SDC 1939, § 64.0823 as enacted by SL 1947, ch 426 ; SL 2008, ch 278 , § 77.

An award or denial of award of compensation for an occupational disease may be reviewed and compensation increased, reduced or terminated where previously awarded, or awarded where previously denied, only upon proof of fraud or of change in the conditions, and then only upon appl…

If the employer and employee reach an agreement in regard to the compensation under this chapter, a memorandum thereof shall be filed with the department by the employer or employee, and unless the department shall, within twenty days, notify the employer and employee of its disa…

The compensation provided for under this chapter is not in addition to compensation which may be payable under chapter 62-4 , and in all cases where injury results by reason of an accident arising out of or in the course of employment and compensation is payable therefor under sa…

Every employer of workers subject to the workers' compensation law is subject to the provisions of this chapter and shall secure the payment of compensation in accordance with the provisions of this chapter by any method prescribed by the workers' compensation law at the time in …

Repealed by SL 1977, ch 421 , § 6.