reglab/housing_qa huggingface dataset:
SD Codified L § 62-4-7 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-7 - Compensation for permanent total disability--Annual increase.

62-4-7. Compensation for permanent total disability--Annual increase.In case of total disability as defined in subdivision 62-4-6(23), compensation shall be paid at the rate provided by §62-4-3 for life with an annual increase in the amount of the benefit allowance for each year commencing on the July first that is at least twelve months following the date on which the benefit was first payable equal to one hundred percent of the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the United States Department of Labor for the prior calendar year, not to exceed a three percent increase compounded annually.For injuries occurring on or after July 1, 1993, if an employee is entitled to compensation under this section and is also receiving old-age insurance benefits under section 202 of the Social Security Act (42 U.S.C., §402), the compensation payable shall be a sum equal to one hundred fifty percent of the compensation payable under §62-4-7 less the old-age insurance benefit under §202 of the Social Security Act (42 U.S.C., §402). However, benefits payable by the employer may not exceed the amount payable pursuant to §62-4-7. This section does not apply to any person who is entitled to old-age insurance benefits at the time of the injury. Source: SL 1917, ch 376, §24; RC 1919, §9459 (6); SL 1919, ch 363, §5; SL 1921, ch 419, §2; SDC 1939, §64.0403 (5); SL 1947, ch 424, §4; SL 1953, ch 486, §2; SL 1957, ch 494, §2; SL 1959, ch 457, §2; SL 1963, ch 460, §3; SL 1966, ch 264, §2; SL 1967, ch 347; SL 1968, ch 269; SL 1970, ch 279; SL 1973, ch 311; SL 1978, ch 370, §11; SL 1988, ch 417; SL 1993, ch 379, §§3, 3A.
SD Codified L § 62-4-7.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-7.1 - Prospective application of benefit increase in § 62-4-7.

62-4-7.1. Prospective application of benefit increase in §62-4-7.The annual increase in benefit allowance provided by §62-4-7 also applies to any total disability occurring before July 1, 1989. The annual increase in benefit allowance for such a total disability applies prospectively from July 1, 2000. Source: SL 2000, ch 253, §1.
SD Codified L § 62-4-8 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-8 - Death resulting from injury--Payments to personal representative or beneficiaries of deceased.

62-4-8. Death resulting from injury--Payments to personal representative or beneficiaries of deceased.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 personal representative or the beneficiaries of the deceased employee and distributed as provided in §62-4-17. However, in no case may the amount payable under this section be less than five hundred dollars. Source: SL 1917, ch 376, §24; RC 1919, §9459 (7); SDC 1939, §64.0403 (6); SL 1964, ch 225, §2; SL 1978, ch 359, §25; SL 2008, ch 278, §15.
SD Codified L § 62-4-8.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-8.1 - Scholarships provided to certain persons receiving workers' compensation benefits--Eligibility.

62-4-8.1. Scholarships provided to certain persons receiving workers' compensation benefits--Eligibility.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 institutions in South Dakota on behalf of the dependent students attending the institutions. Eligible dependents may qualify for a maximum of two thousand dollars per year, while attending a postsecondary education institution. No student may receive assistance pursuant to this section for more than five years. The secretary of the Department of Labor and Regulation shall promulgate rules, pursuant to chapter 1-26, to implement this section. Source: SL 1998, ch 300, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-4-10 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-10 - Installment payments of compensation.

62-4-10. Installment payments of compensation.All compensation provided for in §§62-4-3 to 62-4-7, inclusive, shall be paid in installments at the same intervals at which the wages or earnings of the employee were paid at the time of the injury. However, if this is not feasible, then the installments shall be paid weekly. Source: SL 1917, ch 376, §24; RC 1919, §9459 (9); SDC 1939, §64.0403 (8); SL 2008, ch 278, §16.
SD Codified L § 62-4-10.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-10.1 - Penalty for untimely payment of installments--Other remedies.

62-4-10.1. Penalty for untimely payment of installments--Other remedies.Failure to make any payment of workers' compensation benefits pursuant to §62-4-10 within ten days of the date on which the payment is due shall result in an automatic penalty equal to ten percent of the unpaid amount. Nothing herein precludes any other remedy available to the claimant. Source: SL 1991, ch 418.
SD Codified L § 62-4-11 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-11 - Specific bodily injuries--Death before full payment of installments--Payments to dependents.

62-4-11. Specific bodily injuries--Death before full payment of installments--Payments to dependents.If an employee receives an injury for which a specific schedule of payments is provided by §62-4-6; and the employee thereafter dies from causes other than the injury before the full payment of all installments due for the specific injury have been paid to the employee, the employer shall pay the balance due under the specific schedule of payments as provided in §62-4-6, to the employee's dependents as provided in §§62-4-12 to 62-4-22, inclusive. Source: SL 1957, ch 497; SDC Supp 1960, §64.0403-1; SL 2008, ch 278, §17.
SD Codified L § 62-4-12 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-12 - Injury resulting in death--Compensation to spouse or children--Remarriage--Full-time students.

62-4-12. Injury resulting in death--Compensation to spouse or children--Remarriage--Full-time students.The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves a spouse, child or children, shall be paid at the rate provided by §62-4-3 for life or until remarriage in the case of a spouse. If the spouse remarries, two years' benefits shall be paid to the spouse in a lump sum. The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves any children and no spouse, shall be paid at the rate provided by §62-4-3 until the child is age eighteen or for life in the case of any child who is physically or mentally incapable of self-support or until age twenty-two for any child enrolled as a full-time student in any accredited educational institution. If any child is not in the custody of the surviving spouse, the compensation shall be divided pursuant to the provisions of §62-4-12.1. Source: SDC 1939, §64.0402 (1); SL 1943, ch 315; SL 1945, ch 352; SL 1947, ch 424, §1; SL 1953, ch 485; SL 1955, ch 438; SL 1959, ch 456, §1; SL 1963, ch 459; SL 1964, ch 225, §1; SL 1965, ch 306; SL 1967, ch 346; SL 1971, ch 284, §1; SL 1973, ch 312, §1; SL 1975, ch 322, §5; SL 1994, ch 397; SL 2003, ch 259, §1.
SD Codified L § 62-4-12.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-12.1 - Injury resulting in death--Compensation to spouse or children--Children not in custody of surviving spouse.

62-4-12.1. Injury resulting in death--Compensation to spouse or children--Children not in custody of surviving spouse.The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves any child who is not in the custody of the surviving spouse, shall be paid at the rate provided by §62-4-3, with half of the amount being paid to the surviving spouse. The other half shall be paid to the surviving child or in equal shares to the surviving children, until age eighteen, or for life in the case of a child who is physically or mentally incapable of self-support, or until age twenty-two for any child enrolled as a full-time student in any accredited educational institution. When a child is no longer eligible for benefits, his or her share shall be paid to the surviving spouse. Source: SL 2003, ch 259, §2.
SD Codified L § 62-4-13 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-13 - Injury resulting in death--Additional compensation for child under eighteen.

62-4-13. Injury resulting in death--Additional compensation for child under eighteen.For an injury to the employee resulting in death, if the employee leaves any child or children under the age of eighteen years whom the employee was under legal obligation to support at the time of the injury, in addition to the sum provided by §62-4-12, there shall be paid for each of said children, the sum of fifty dollars per month until such child reaches the age of eighteen years. Source: SL 1917, ch 376, §23; RC 1919, §9458 (1); SDC 1939, §64.0402 (1); SL 1947, ch 424, §1; SL 1953, ch 485; SL 1955, ch 438; SL 1959, ch 456, §1; SL 1963, ch 459; SL 1964, ch 225, §1; SL 1965, ch 306; SL 1967, ch 346; SL 1971, ch 284, §2; SL 1973, ch 312, §2.
SD Codified L § 62-4-14 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-14 - Injury resulting in death--No surviving spouse or children--Payment to dependent parent, grandparent, or minor sibling.

62-4-14. Injury resulting in death--No surviving spouse or children--Payment to dependent parent, grandparent, or minor sibling.The amount of compensation which shall be paid for an injury to the employee resulting in death, if no amount is payable under §62-4-12, and the employee leaves any parent, grandparent, or minor sibling, who were dependent upon the employee for support at the time of the employee's injury, shall be such a percentage of the sum provided in §62-4-12 as the average annual contributions which the deceased made to the support of the parent, grandparent, or minor sibling during two years preceding the injury bear to the employee's earnings during the two years. Source: SL 1917, ch 376, §23; RC 1919, §9458 (2); SDC 1939, §64.0402 (1); SDC 1939, §64.0402 (2) as enacted by SL 1945, ch 352; SL 1947, ch 424, §1; SL 1959, ch 456, §2; SL 2008, ch 278, §18.
SD Codified L § 62-4-15 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-15 - Injury resulting in death--Payments to dependent collateral heirs.

62-4-15. Injury resulting in death--Payments to dependent collateral heirs.The amount of compensation which shall be paid for an injury to the employee resulting in death, if no amount is payable under §62-4-12 or 62-4-14, and the employee leaves collateral heirs dependent at the time of the injury to the employee upon the employee's earnings, shall be such a percentage of the sum provided in §62-4-12 as the average annual contributions which the deceased made to the support of the collateral dependent heirs during two years preceding the injury bear to the employee's earnings during the two years. Source: SL 1917, ch 376, §23; RC 1919, §9458 (3); SDC 1939, §64.0402 (2); SDC 1939, §64.0402 (3) as enacted by SL 1945, ch 352; SL 2008, ch 278, §19.
SD Codified L § 62-4-16 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-16 - Burial and transportation expenses paid when death results from injury.

62-4-16. Burial and transportation expenses paid when death results from injury.The employer shall pay the burial expense and the expense of a headstone grave marker for an employee whose death resulted from an injury, in an amount not to exceed the sum of ten thousand dollars. If the death occurred in a foreign state or outside the community where the employee is to be buried, the employer shall also pay the cost of transporting the body of the employee to the community where the employee is to be buried. Source: SDC 1939, §64.0402 (4) as enacted by SL 1945, ch 352; SL 1945, ch 353; SL 1959, ch 456, §2; SL 1966, ch 263; SL 1971, ch 285; SL 1976, ch 322, §2; SL 1982, ch 375; SL 1985, ch 398; SL 1996, ch 305; SL 2009, ch 274, §1; SL 2010, ch 249, §2.
SD Codified L § 62-4-17 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-17 - Installment payment of death benefits.

62-4-17. Installment payment of death benefits.The compensation, except for additional benefits for children under eighteen years of age, provided for in §§62-4-12 to 62-4-15, inclusive, to be paid in case injury results in death, shall be paid in installments equal to two-thirds of the average earnings, at the same intervals at which the wages or earnings of the employee were paid, at which time the additional benefits for children under eighteen years of age shall also be paid. However, if this is not feasible, then the installments shall be paid weekly. Source: SL 1917, ch 376, §23; RC 1919, §9458 (5); SDC 1939, §64.0402 (4); SDC 1939, §64.0402 (5) as enacted by SL 1945, ch 352; SL 1947, ch 424, §1; SL 1959, ch 456, §2; SL 1980, ch 365, §4; SL 2008, ch 278, §20.
SD Codified L § 62-4-18 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-18 - Death benefits--Payment to personal representative or beneficiaries--Distribution to heirs.

62-4-18. Death benefits--Payment to personal representative or beneficiaries--Distribution to heirs.The compensation to be paid for injury which results in death, as provided in §§62-4-12 to 62-4-22, inclusive, shall be paid at the option of the employer either to the personal representative of the deceased employee or to the employee's beneficiaries, and shall be distributed to the heirs who formed the basis for determining the amount of compensation to be paid by the employer, the distributees' share to be in proportion of their respective dependency at the time of the injury on the earnings of the decedent. In the judgment of the court appointing the personal representative, a child's distributive share may be directed paid to the parent for the support of the child. Source: SL 1917, ch 376, §23; RC 1919, §9458 (6); SL 1921, ch 420; SDC 1939, §64.0402 (5); SDC 1939, §64.0402 (6) as enacted by SL 1945, ch 352; SL 2008, ch 278, §21.
SD Codified L § 62-4-19 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-19 - Payment of death benefits to personal representative--Release of employer from obligation.

62-4-19. Payment of death benefits to personal representative--Release of employer from obligation.The payment of compensation by the employer to the personal representative of the deceased employee pursuant to §62-4-18 shall relieve the employer of all obligation as to the distribution of the compensation. The personal representative shall make payment to the distributees pursuant to the order of the court making the appointment. Source: SL 1917, ch 376, §23; RC 1919, §9458 (6); SL 1921, ch 420; SDC 1939, §64.0402 (5); SDC 1939, §64.0402 (6) as enacted by SL 1945, ch 352; SL 2008, ch 278, §22.
SD Codified L § 62-4-20 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-20 - Payment of death benefits to surviving spouse for minor children--Conservatorship not required.

62-4-20. Payment of death benefits to surviving spouse for minor children--Conservatorship not required.With the consent and approval of the secretary of labor and regulation, an employer may pay to the surviving spouse of a deceased, the compensation payable to the spouse and the minor children of the deceased under §§62-4-12 and 62-4-13 without the necessity of the appointment of a conservator for the minor children. The payment of the compensation by the employer shall relieve the employer of all obligation as to the distribution of the compensation so paid. Except in those cases where a lump-sum settlement has been made, approval by the secretary may at any time be revoked or modified for cause. Source: SL 1921, ch 420; SDC 1939, §64.0402 (5); SDC 1939, §64.0402 (6) as enacted by SL 1945, ch 352; SL 1978, ch 359, §26; SL 1993, ch 213, §262; SL 2008, ch 278, §23; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-4-21 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-21 - Spouse of deceased employee--Qualification for benefits.

62-4-21. Spouse of deceased employee--Qualification for benefits.No compensation is payable under §§62-4-12 to 62-4-22, inclusive, to the surviving spouse of a deceased employee unless that spouse was, at the time of the death, living with the deceased employee, or was then dependent upon the deceased employee for support, or was then living apart from the deceased employee for justifiable cause or because of desertion by the deceased employee. Source: SL 1917, ch 376, §23; RC 1919, §9458 (7); SL 1919, ch 363, §1; SDC 1939, §64.0402 (6); SDC 1939, §64.0402 (7) as enacted by SL 1945, ch 352; SL 1968, ch 267; SL 1977, ch 421, §1; SL 2008, ch 278, §24.
SD Codified L § 62-4-22 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-22 - Transfer of surviving spouse's right to compensation to surviving child.

62-4-22. Transfer of surviving spouse's right to compensation to surviving child.If any dependent of a deceased employee dies, the right of the dependent to compensation under §§62-4-12 to 62-4-21, inclusive, ceases. However, if the surviving spouse dies or remarries while receiving or entitled to receive such compensation, that compensation shall be payable to any eligible surviving child or children of the deceased employee in accordance with §62-4-12. Upon remarriage of the surviving spouse, payments to the eligible surviving child or children as provided for in this section may not commence until the expiration of two years from the date of remarriage. Source: SL 1917, ch 376, §23; RC 1919, §9458 (7); SL 1919, ch 363, §1; SDC 1939, §64.0402 (6); SDC 1939, §64.0402 (7) as enacted by SL 1945, ch 352; SL 1968, ch 267; SL 1976, ch 322, §3; SL 1977, ch 421, §2; SL 1991, ch 419.
SD Codified L § 62-4-24 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-24 - Employment for year preceding injury--Determination of average weekly wage.

62-4-24. Employment for year preceding injury--Determination of average weekly wage.As to an employee in an employment in which it is the custom to operate throughout the working days of the year, and who was in the employment of the same employer in the same grade of employment as at the time of the injury continuously for fifty-two weeks next preceding the injury, except for any temporary loss of time, the average weekly wage shall, where feasible, be computed by dividing by fifty-two the total earnings of the employee as defined in subdivision 62-1-1(6), during the period of fifty-two weeks. However, if the employee lost more than seven consecutive days during the period of fifty-two weeks, then the division shall be by the number of weeks and fractions thereof that the employee actually worked. Source: SL 1917, ch 376, §§26, 55; RC 1919, §§9461, 9490; SDC 1939, §64.0404 (1) (a); SL 1978, ch 370, §12; SL 2008, ch 278, §25.
SD Codified L § 62-4-25 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-25 - Employment for less than year preceding injury--Determination of average weekly wage.

62-4-25. Employment for less than year preceding injury--Determination of average weekly wage.As to an employee in an employment in which it is the custom to operate throughout the working days of the year, but who is not covered by §62-4-24, the average weekly wages shall, where feasible, be ascertained by computing the total of the employee's earnings during the period the employee worked immediately preceding the employee's injury at the same grade of employment for the employer by whom the employee was employed at the time of the employee's injury, and dividing such total by the number of weeks and fractions thereof that the employee actually worked. However, if such method of computation produces a result that is manifestly unfair and inequitable or if by reason of the shortness of time during which the employee has been in such employment, or the casual nature or terms of the employment, it is impracticable to use such method, then regard shall be had to the average weekly amount which during fifty-two weeks previous to the injury was being earned by a person in the same grade, employed at the same work, by the same employer, or if there is no person so employed, by a person in the same grade, employed in the same class of employment in the same general locality. Source: SL 1917, ch 376, §55; RC 1919, §9490; SDC 1939, §64.0404 (1) (b); SL 2008, ch 278, §26.
SD Codified L § 62-4-26 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-26 - Computation of average weekly wage when other methods not feasible.

62-4-26. Computation of average weekly wage when other methods not feasible.As to an employee in an employment in which it is the custom to operate throughout the working days of the year and where the situation is such that it is not reasonably feasible to determine the average weekly wages in the manner provided in §62-4-24 or 62-4-25, the average weekly wages shall be determined by multiplying the employee's average day's earnings by three hundred, and dividing by fifty-two. Source: SL 1917, ch 376, §26; RC 1919, §9461 (4); SDC 1939, §64.0404 (2).
SD Codified L § 62-4-27 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-27 - Seasonal employment--Determination of average weekly wage.

62-4-27. Seasonal employment--Determination of average weekly wage.As to employees in employments in which it is the custom to operate for a part of the whole number of working days in each year, the average weekly wages shall be ascertained by multiplying the employee's average day's earnings by number of days which it is customary in such employment to operate during a year, but not less than two hundred, and dividing by fifty-two. Source: SL 1917, ch 376, §26; RC 1919, §9461 (5); SDC 1939, §64.0404 (3).