reglab/housing_qa huggingface dataset:
SD Codified L § 62-4-28 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-28 - Employee earning no wages or less than day laborers--Computation of average weekly wage.

62-4-28. Employee earning no wages or less than day laborers--Computation of average weekly wage.As to an employee who earns either no wage or less than the earnings of adult day laborers in the same line of employment in that locality, the average weekly wages shall be reckoned according to the average weekly wages of adults of the same class in the same or, if that is impracticable, then of neighboring employments. Source: SL 1917, ch 376, §26; RC 1919, §9461 (6); SDC 1939, §64.0404 (4).
SD Codified L § 62-4-29 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-29 - Apportionment of compensation for subsequent injury.

62-4-29. Apportionment of compensation for subsequent injury.As to an employee who before the accident for which the employee claims compensation was disabled and drawing compensation under the terms of this title, the compensation for each subsequent injury shall be apportioned according to the proportion of incapacity and disability caused by the respective injuries which the employee may have suffered. Source: SL 1917, ch 376, §26; RC 1919, §9461 (8); SDC 1939, §64.0404 (5); SL 2008, ch 278, §27.
SD Codified L § 62-4-29.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-29.1 - "Claimant" defined for subsequent injury fund claims.

62-4-29.1."Claimant" defined for subsequent injury fund claims.For purposes of subsequent injury fund claims for reimbursement, notwithstanding any other provision of this title, the term, claimant, refers to any person making a claim for reimbursement, including an insurance carrier of an employer, or an employer, if self-insured. Source: SL 1995, ch 297, §2.
SD Codified L § 62-4-30 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-30 - Determination of amount for each installment period.

62-4-30. Determination of amount for each installment period.To determine the amount of compensation for each installment period, the amount per annum shall be ascertained pursuant to §§62-4-24 to 62-4-29, inclusive, and such amount divided by the number of installment periods per annum. Source: SL 1917, ch 376, §26; RC 1919, §9461 (9); SDC 1939, §64.0404 (6).
SD Codified L § 62-4-31 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-31 - Working week defined.

62-4-31. Working week defined.The term, working week, for the purposes of §§62-4-24 to 62-4-30, inclusive, means the number of days contemplated by the employment to be worked by the employee during each calendar week. Source: SDC 1939, §64.0405; SL 2008, ch 278, §28.
SD Codified L § 62-4-34.7 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-34.7 - Administration of fund to continue until all valid claims approved, denied or settled--Claim for injury occurring after July 1, 2001, barred--Disposition of fund balance.

62-4-34.7. Administration of fund to continue until all valid claims approved, denied or settled--Claim for injury occurring after July 1, 2001, barred--Disposition of fund balance.Administration of the subsequent injury fund by the Division of Insurance and reimbursement of complete and valid claims shall continue until approved, denied, or settled. No claim for reimbursement from the subsequent injury fund may be filed based on a subsequent injury that occurs on or after July 1, 2001. Any claim for reimbursement filed as set forth in this section shall be approved or denied by the division pursuant to the requirements of §§62-4-34 to 62-4-36.3, inclusive, in effect prior to July 1, 1999. The division shall continue to make any necessary assessments pursuant to the requirements set forth in §62-4-35 in effect prior to July 1, 1999, until all eligible claims completed as set forth in this section that are approved by the division or determined by the court to be eligible for reimbursement are paid, and until all matters in litigation concerning the subsequent injury fund are resolved. Any claim in matters being litigated concerning the subsequent injury fund is not eligible for interest or costs. Any remaining balance in the fund after all obligations of the fund have been satisfied shall be deposited in the general fund. Priority of payment shall be determined as of the date and time they are determined by the division to be complete and valid. No claim against the subsequent injury fund is vested until it is complete as set forth in this section. Any completed claim regardless of the date of injury or the date of notice of claim is subject to the two-thirds method of reimbursement pursuant to §62-4-34 in effect prior to July 1, 1999. Source: SL 1999, ch 262, §1; SL 2001, ch 293, §1.
SD Codified L § 62-4-37 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-37 - Injury or death due to willful misconduct of employee not compensable.

62-4-37. Injury or death due to willful misconduct of employee not compensable.No compensation may be allowed for any injury or death due to the employee's willful misconduct, including intentional self-inflicted injury, intoxication, illegal use of any schedule I or schedule II drug, or willful failure or refusal to use a safety appliance furnished by the employer, or to perform a duty required by statute. The burden of proof under this section is on the defendant employer. Source: SL 1917, ch 376, §7; RC 1919, §9442; SL 1921, ch 421; SDC 1939, §64.0202; SL 1991, ch 420, §1; SL 2008, ch 278, §30.
SD Codified L § 62-4-38 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-38 - Right of action when third person is liable--Election by employee--Offset of recovered damages.

62-4-38. Right of action when third person is liable--Election by employee--Offset of recovered damages.If an injury for which compensation is payable under this title has been sustained under circumstances creating in some other person than the employer a legal liability to pay damages in respect thereto, the injured employee may, at the employee's option, either claim compensation or proceed at law against such other person to recover damages or proceed against both the employer and such other person. However, in the event the injured employee recovers any like damages from such other person, the recovered damages shall be an offset against any workers' compensation which the employee would otherwise have been entitled to receive. Source: SDC 1939, §64.0301; SL 1964, ch 224; SL 1994, ch 398.
SD Codified L § 62-4-39 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-39 - Compensation paid by employer--Reimbursement from damages recovered from third party.

62-4-39. Compensation paid by employer--Reimbursement from damages recovered from third party.If compensation has been awarded and paid under this title and the employee has recovered damages from another person, the employer having paid the compensation may recover from the employee an amount equal to the amount of compensation paid by the employer to the employee, less the necessary and reasonable expense of collecting the same, which expenses may include an attorney's fee not in excess of thirty-five percent of compensation paid, subject to §62-7-36. Source: SDC 1939, §64.0301 as added by SL 1964, ch 224; SL 1994, ch 396, §17.
SD Codified L § 62-4-40 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-40 - Recovery by employer from third party--Excess held for employee.

62-4-40. Recovery by employer from third party--Excess held for employee.If compensation is awarded under this title, the employer having paid the compensation, or having become liable therefor may collect in the employer's own name or that of the injured employee, or the employer's personal representative, if deceased, from any other person against whom legal liability for damage exists, the amount of the liability. The employer shall hold for the benefit of the injured employee or the employee's personal representative, if deceased, the amount of damages collected in excess of the amount of compensation paid the employee or the employee's representative, less the proportionate necessary and reasonable expense of collecting the same, which expenses may include an attorney's fee not in excess of thirty-five percent of damages so collected, and shall be subject finally to the approval of the department. Source: SL 1917, ch 376, §11; RC 1919, §9446; SL 1921, ch 416; SDC 1939, §64.0301; SL 1964, ch 224; SL 2008, ch 278, §31.
SD Codified L § 62-4-41 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-41 - Priority of rights to compensation.

62-4-41. Priority of rights to compensation.All rights of compensation granted by this title shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed for any unpaid wages for labor. Source: SL 1917, ch 376, §14; RC 1919, §9449; SDC 1939, §64.0303.
SD Codified L § 62-4-42 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-42 - Assignment of payments prohibited--Certain compensation exempt from claims of creditors.

62-4-42. Assignment of payments prohibited--Certain compensation exempt from claims of creditors.No claim for compensation under this title is assignable, and all compensation and claims therefor are exempt from all claims of creditors except those for child and spousal support obligations. Source: SL 1917, ch 376, §15; RC 1919, §9450; SDC 1939, §64.0304; SL 1986, ch 218, §60.
SD Codified L § 62-4-43 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-43 - Selection of medical practitioner or surgeon by employee.

62-4-43. Selection of medical practitioner or surgeon by employee.The employee may make the initial selection of the employee's medical practitioner or surgeon from among all licensed medical practitioners or surgeons in the state. The employee shall, prior to treatment, notify the employer of the choice of medical practitioner or surgeon or as soon as reasonably possible after treatment has been provided. The medical practitioner or surgeon selected may arrange for any consultation, referral, or extraordinary or other specialized medical services as the nature of the injury shall require. The employer is not responsible for medical services furnished or ordered by any medical practitioner or surgeon or other person selected by the employee in disregard of this section. If the employee is unable to make the selection, the selection requirements of this section do not apply as long as the inability to make a selection persists. If the injured employee unreasonably refuses or neglects to avail himself or herself of medical or surgical treatment, the employer is not liable for an aggravation of the injury due to the refusal and neglect and the Department of Labor and Regulation may suspend, reduce, or limit the compensation otherwise payable. If the employee desires to change the employee's choice of medical practitioner or surgeon, the employee shall obtain approval in writing from the employer. An employee may seek a second opinion without the employer's approval at the employee's expense. Source: SL 1990, ch 416, §3; SL 2008, ch 278, §32; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-4-44 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-44 - Report to be submitted to employer and department by treating practitioner or surgeon--Time limit..

62-4-44. Report to be submitted to employer and department by treating practitioner or surgeon--Time limit.A medical practitioner or surgeon first treating an employee shall furnish a report of the injury and treatment to the employer and the Department of Labor and Regulation within fourteen days following the first treatment. The Department of Labor and Regulation may excuse the failure to furnish the report within fourteen days if it finds it to be in the interest of justice to do so. Thereafter, if the employee needs continued medical care or claims to be disabled from employment, the medical practitioner or surgeon shall provide status reports to the employer and the Department of Labor and Regulation at no less than thirty-day intervals. However, no report is required if the medical practitioner or surgeon has not seen the employee since the practitioner's or surgeon's last report. Source: SL 1990, ch 416, §4; SL 2008, ch 278, §33; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-4-45 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-45 - Information about injury to be made available--Penalty for withholding information.

62-4-45. Information about injury to be made available--Penalty for withholding information.All medical practitioners or surgeons attending injured employees shall comply with the rules promulgated pursuant to chapter 1-26 by the Department of Labor and Regulation and shall make the reports as may be required by it. All medical and hospital information relevant to the particular injury shall, upon demand, be made available to the employer, employee, insurer and the Department of Labor and Regulation. Medical practitioners, surgeons, or hospitals may charge a reasonable fee for the reproduction of the medical and hospital information. No relevant information developed in connection with treatment or examination for which compensation is sought may be considered a privileged communication for purposes of a workers' compensation claim. If a medical practitioner or surgeon willfully fails to make any report required of the practitioner or surgeon under this section, the Department of Labor and Regulation may order the forfeiture of the practitioner's or surgeon's right to all or part of payment due for services rendered in connection with the particular case. Source: SL 1990, ch 416, §5; SL 1993, ch 375, §43; SL 1995, ch 296, §10; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-4-46 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-46 - Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.

62-4-46. Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.A false representation as to physical condition or health made by an employee in procuring employment shall preclude the awarding of workers' compensation benefits for an otherwise compensable injury if it is shown that the employee intentionally and willfully made a false representation as to the employee's physical condition, the employer substantially and justifiably relied on the false representation in the hiring of the employee, and a causal connection existed between the false representation and the injury. The burden is on the employer to prove each of these elements. Source: SL 1991, ch 420, §2; SL 2008, ch 278, §34.
SD Codified L § 62-4-47 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-47 - Written request to stop payments--Fraud--Injury outside of employment.

62-4-47. Written request to stop payments--Fraud--Injury outside of employment.An employer, an employer's insurer or a fellow employee may submit a written request to the Department of Labor and Regulation to terminate, modify, or temporarily stop payments to a claimant because the requester has reason to believe that a worker's compensation claim has been paid under fraudulent conditions or that the injury did not arise out of or in the course of the employment. The department shall prescribe the form for the written request. Source: SL 1993, ch 380, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-4-48 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-48 - Investigation of written request to stop payments.

62-4-48. Investigation of written request to stop payments.The department shall order an investigation by the insurer, self-insured employer or administrator of a self-insured plan of the facts contained in a written request made pursuant to §62-4-47. The investigation shall be completed within ninety days after receipt of the order. After a contested case hearing conducted pursuant to chapter 1-26, the department may order that the claimant's payments be continued, modified, or terminated. If the department has reason to believe that criminal insurance fraud has been committed, it shall disclose its information to law enforcement officers and may assist in the criminal investigative process. Source: SL 1993, ch 380, §2.
SD Codified L § 62-4-49 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-49 - Confidentiality of investigative records--Release--Misdemeanor.

62-4-49. Confidentiality of investigative records--Release--Misdemeanor.All investigative records and files relating to written requests made pursuant to §62-4-47 are confidential. No disclosure of any such records, files, or other information may be made except as authorized in this section and §62-4-48. The names of individuals providing evidence in support of a written request are confidential during the pendency of the request and the investigation. If the records or the testimony of the witness supplying the records are to be admitted at the hearing, the records and the testimony, or both, are discoverable and shall be provided to the claimant and the claimant's attorney. The department may release records, files, or other information to the attorney general, the state's attorney, law enforcement officials, and public officials who require the information in connection with their official duties. A violation of this section is a Class 1 misdemeanor. Source: SL 1993, ch 380, §3.
SD Codified L § 62-4-50 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-50 - Immunity for good faith written request of investigation--False written request as misdemeanor.

62-4-50. Immunity for good faith written request of investigation--False written request as misdemeanor.Any person or party participating in good faith in the making of a written request pursuant to §62-4-47 is immune from any liability, civil or criminal, that might otherwise be incurred or imposed and has the same immunity for participation in any judicial proceeding resulting from the request. Immunity extends in the same manner to public officials or employees involved in the investigation of the facts contained in written requests or to any person who in good faith cooperates with the investigation. A written request made in good faith does not constitute the wrongful failure to pay a claim or to pay it on time. Any person or party who knowingly makes a false or malicious written request for an investigation, is guilty of a Class 2 misdemeanor. Source: SL 1993, ch 380, §4.
SD Codified L § 62-4-51 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-51 - Fraudulent workers' compensation claims as misdemeanor.

62-4-51. Fraudulent workers' compensation claims as misdemeanor.Any person who knowingly files a fraudulent claim for workers' compensation benefits is guilty of a Class 1 misdemeanor. Source: SL 1994, ch 399.
SD Codified L § 62-4-52 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-52 - Definition of terms.

62-4-52. Definition of terms.Terms used in §62-4-53 mean:(1)"Community," the area within sixty road miles of the employee's residence unless:(a)The employee is physically limited to travel within a lesser distance;(b)Consideration of the wages available within sixty road miles and the cost of commuting to the job site makes it financially infeasible to work within such a distance;(c)An employee has expanded the employee's community by regularly being employed at a distance greater than sixty road miles of the employee's residence, in which case community shall be defined as that distance previously traveled.(2)"Sporadic employment resulting in an insubstantial income," employment that does not offer an employee the opportunity to work either full-time or part-time and pay wages equivalent to, or greater than, the workers' compensation benefit rate applicable to the employee at the time of the employee's injury. Commission or piece-work pay may or may not be considered sporadic employment depending upon the facts of the individual situation. If a bona fide position is available that has essential functions that the injured employee can perform, with or without reasonable accommodations, and offers the employee the opportunity to work either full-time or part-time and pays wages equivalent to, or greater than, the workers' compensation benefit rate applicable to the employee at the time of the employee's injury the employment is not sporadic. The department shall retain jurisdiction over disputes arising under this provision to ensure that any such position is suitable when compared to the employee's former job and that such employment is regularly and continuously available to the employee. Source: SL 1994, ch 396, §7; SL 1999, ch 261, §6.