Title 62 — WORKERS' COMPENSATION
9 chapters · 245 sections in this title.
SDCL § 62-9-1 Compensation for permanent occupational hearing loss
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Permanent hearing loss caused by exposure to excessive occupational noise shall be compensated according to the terms and conditions of this chapter. Source: SL 1986, ch 427 , § 1.
SDCL § 62-9-10 Liability for pre - employment and nonoccupational losses--Loss prior to July 1, 1974
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An employer is liable for the entire occupational hearing loss to which his employment has contributed; but, if previous deafness is established by a hearing test or other competent evidence, whether or not the employee was exposed to excessive noise within six months preceding s…
SDCL § 62-9-11 Effect of hearing aid use on compensation--Provision of hearing aid by employer
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No reduction in an award of compensation for occupational hearing loss may be made because the ability of the employee to understand speech is improved by the use of a hearing aid. During the period of exposure to excessive noise without regard to the period of time in a noninjur…
SDCL § 62-9-12 Removal from exposure for six - month period prerequisite to filing of claim--Limitation period applicable to claims--How claims to be filed
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No claim for occupational hearing loss may be filed until the employee has been removed from exposure to excessive noise for at least a period of six months. Removal from exposure occurs when an employee is transferred to a working environment free from excessive noise, or upon s…
SDCL § 62-9-14 Compensability of hearing loss caused by explosion or trauma
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Hearing loss caused by explosion or other trauma is not compensable under this chapter, but the rights to compensation for such loss shall be determined under the provisions of this title for losses caused by injury or accident. Source: SL 1986, ch 427 , § 14.
SDCL § 62-9-15 Applicability of Title 62
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All provisions of this title apply to compensable occupational hearing losses except to the extent that they are inconsistent with the provisions of this chapter. Source: SL 1986, ch 427 , § 15.
SDCL § 62-9-2 Definition of terms
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Terms used in this chapter mean: (1) "Occupational loss of hearing," a permanent sensorineural loss of hearing caused by prolonged exposure to excessive noise in the working environment; (2) "Excessive noise," sound in the working environment capable of producing occupational los…
SDCL § 62-9-3 Calculation of hearing loss--What loss is compensable
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The percentage of hearing loss shall be calculated as the average, in decibels, of the thresholds of hearing for the frequencies of five hundred, one thousand, two thousand and three thousand cycles per second. Pure tone air conduction audiometric instruments properly calibrated …
SDCL § 62-9-4 Hearing loss to be determined on binaural basis--How calculated
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Permanent partial or permanent total impairment of the hearing from an occupational loss shall be determined on a binaural basis for the purposes of determining the amount of compensation payable under §
SDCL § 62-9-5 Deductions from total average decibel loss
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Before determining the percentage of hearing impairment, in order to allow for the average hearing loss from nonoccupational causes found in the population at any given age, there shall be deducted from the total average decibel loss, one - half decibel for each year of the emplo…
SDCL § 62-9-6 Amount of compensation payable for total or partial hearing loss
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There shall be payable for total occupational loss of hearing under this chapter, one hundred fifty weeks of compensation. Partial occupational loss of hearing shall be in the proportion of one hundred fifty weeks as the partial loss bears to the total loss. Source: SL 1986, ch 4…
SDCL § 62-9-7 No benefits for temporary total or partial disability or for tinnitus
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No compensation benefits are payable for temporary total or temporary partial disability under this chapter, and there may be no award for tinnitus hereunder. Source: SL 1986, ch 427 , § 7.
SDCL § 62-9-8 No benefits where employee fails to regularly use employer - provided protection devices
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No compensation benefits are payable for occupational loss of hearing caused by excessive noise if the employee fails to regularly use the employer - provided protection device or devices which are capable of preventing loss of hearing from the particular excessive noise where th…
SDCL § 62-9-9 What employer is liable for compensation--Duration of exposure required for compensability
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The employer liable for the compensation under this chapter is the employer in whose employment the employee was last exposed to excessive noise in this state during a period of ninety working days or parts thereof. No exposure during a period of less than ninety working days or …