Title 62, WORKERS' COMPENSATION

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 …

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.

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…

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…

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…

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.

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.

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…

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 …

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 § 62-9-6 . To determine the binaural percentage of loss, the percentage of los…

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…

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…

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.

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…

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 …