reglab/housing_qa huggingface dataset:
SD Codified L § 62-7-19 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-19 - Appeals to circuit court.

62-7-19. Appeals to circuit court.Any employer or employee may appeal to the circuit court pursuant to chapter 1-26 from any final order or decision of the Department of Labor and Regulation which arises under the provisions of this title. Upon any appeal under this section all intermediate orders or decisions affecting substantial rights may be reviewed. Source: SL 1917, ch 376, §54; Rules of Court 1919, Part 3, Rule 1; RC 1919, §9489; SDC 1939, §64.0701; SL 1973, ch 313, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-7-30 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-30 - Notice or orders--Method of service.

62-7-30. Notice or orders--Method of service.All notices or orders provided for in this chapter may be served personally or by registered or certified mail. If served by registered or certified mail, proof by affidavit thereof shall be accompanied by post office return receipt. If, however, any party is represented by an attorney, the service shall be made on the attorney, and may be made either in the manner provided in this section, or in the manner provided by §15-6-5. Source: Rules of Court 1919, Part 3, Rule 14; SDC 1939, §64.0708; SL 2008, ch 278, §48.
SD Codified L § 62-7-31 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-31 - Judgment taken on memorandum of agreement or portion of order or decision.

62-7-31. Judgment taken on memorandum of agreement or portion of order or decision.Any party in interest may, after expiration of the time for a petition for review or appeal, present a memorandum of agreement, approved by the department, or a certified copy of any portion of an order or decision of the department from which no petition for review or appeal has been filed, together with all papers in connection with the case, to the circuit court for the county in which the injury occurred. Thereupon the court shall render a judgment in accordance with the memorandum of agreement or portion of any order or decision of the department from which no petition for review has been filed, and the court shall notify the parties. The judgment shall have the same effect and in all proceedings in relation thereto be the same as though rendered in an action duly heard and determined by the court except that no appeal may be made on questions of fact. Source: SL 1917, ch 376, §40; RC 1919, §9475; SDC 1939, §64.0608; SL 2007, ch 299, §1.
SD Codified L § 62-7-32 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-32 - Modification or revocation of judgment taken on award or memorandum of agreement.

62-7-32. Modification or revocation of judgment taken on award or memorandum of agreement.Upon presentation to the circuit court of a certified copy of the decision of the department ending, diminishing, or increasing any payment to be made under the provisions of this title, the court shall revoke or modify the judgment to conform to such decision. Source: SL 1917, ch 376, §40; RC 1919, §9475; SDC 1939, §64.0608.
SD Codified L § 62-7-33 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-33 - Review of payment by department.

62-7-33. Review of payment by department.Any payment, including medical payments under §62-4-1, and disability payments under §62-4-3 if the earnings have substantially changed since the date of injury, made or to be made under this title may be reviewed by the Department of Labor and Regulation pursuant to §62-7-12 at the written request of the employer or of the employee and on such review payments may be ended, diminished, increased, or awarded subject to the maximum or minimum amounts provided for in this title, if the department finds that a change in the condition of the employee warrants such action. Any case in which there has been a determination of permanent total disability may be reviewed by the department not less than every five years. Source: SL 1917, ch 376, §41; RC 1919, §9476; SDC 1939, §64.0609; SL 1980, ch 365, §5; SL 1993, ch 381, §3; SL 1993, ch 383, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-7-34 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-34 - Notice given by department--Statutory notice--Writing required--Manner of service.

62-7-34. Notice given by department--Statutory notice--Writing required--Manner of service.Any notice given by the department, or any other notice for which provision is made by this title, shall be in writing, and service thereof, unless otherwise specifically provided, shall be sufficient if by registered or certified mail addressed to the last known address of the person to be served. Source: SL 1917, ch 376, §41; RC 1919, §9476; SDC 1939, §64.0610.
SD Codified L § 62-7-35 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-35 - Limitation of action on claim for compensation.

62-7-35. Limitation of action on claim for compensation.The right to compensation under this title shall be forever barred unless a written petition for hearing pursuant to §62-7-12 is filed by the claimant with the department within two years after the self-insurer or insurer notifies the claimant and the department, in writing, that it intends to deny coverage in whole or in part under this title. If the denial is in part, the bar shall only apply to such part. Source: SL 1917, ch 376, §22; RC 1919, §9457; SDC 1939, §64.0611; SL 1969, ch 288; SL 1978, ch 370, §19; SL 1980, ch 365, §3; SL 2005, ch 285, §1.
SD Codified L § 62-7-35.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-35.1 - Time limitation for claiming additional compensation--Application of limit.

62-7-35.1. Time limitation for claiming additional compensation--Application of limit.In any case in which any benefits have been tendered pursuant to this title on account of an injury, any claim for additional compensation shall be barred, unless the claimant files a written petition for hearing pursuant to §62-7-12 with the department within three years from the date of the last payment of benefits. The provisions of this section do not apply to review and revision of payments or other benefits under §62-7-33. Source: SL 1995, ch 299, §§1, 3; SL 1999, ch 261, §11; SL 2005, ch 285, §2.
SD Codified L § 62-7-35.2 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-35.2 - Application of time limits to minor or person with mental illness or developmental disability.

62-7-35.2. Application of time limits to minor or person with mental illness or developmental disability.The provisions of §§62-7-35 and 62-7-35.1 do not apply to a person with a mental illness, a person with a developmental disability, or a minor if the person has no guardian or legal representative. The limitations of §§62-7-35 and 62-7-35.1 do apply to the person with a mental illness, person with a developmental disability, or minor from the date of the appointment of a guardian or legal representative for that person, and if no guardian or legal representative has been appointed, to a minor upon obtainment of majority. Source: SL 1995, ch 299, §2; SL 2008, ch 278, §49.
SD Codified L § 62-7-35.3 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-35.3 - Right to compensation barred under certain circumstances.

62-7-35.3. Right to compensation barred under certain circumstances.The right to compensation under this title is forever barred if no medical treatment has been obtained within seven years after the employee files the first report of injury. Source: SL 1999, ch 261, §12.
SD Codified L § 62-7-36 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-36 - Approval of legal fees--Amount--Lump sum payment.

62-7-36. Approval of legal fees--Amount--Lump sum payment.Except as otherwise provided, fees for legal services under this title shall be subject to approval of the department.Attorneys' fees may not exceed the percentage of the amount of compensation benefits secured as a result of the attorney's involvement as follows:(1)Twenty-five percent of the disputed amount arrived at by settlement of the parties;(2)Thirty percent of the disputed amount awarded by the Department of Labor and Regulation after hearing or through appeal to circuit court;(3)Thirty-five percent of the disputed amount awarded if an appeal is successful to the Supreme Court.Attorneys' fees and costs may be paid in a lump sum on the present value of the settlement or adjudicated amount. Source: SL 1992, ch 364, §7; SL 1993, ch 379, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-7-37 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-37 - Mediation--Promulgation of rules.

62-7-37. Mediation--Promulgation of rules.If the employer and injured employee do not agree as to compensability in whole or in part, either party may request the department to conduct a mediation. The mediation shall be in a location convenient to the parties or by telephonic conference and shall be conducted in accordance with rules promulgated by the department pursuant to chapter 1-26. Source: SL 1993, ch 380, §5.
SD Codified L § 62-7-38 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-38 - Multiple employers or insurers where preexisting injury or cumulative trauma claimed--Responsibility for payment.

62-7-38. Multiple employers or insurers where preexisting injury or cumulative trauma claimed--Responsibility for payment.In cases where there are multiple employers or insurers, if an employee claims an aggravation of a preexisting injury or if an injury is from cumulative trauma making the exact date of injury undeterminable, the insurer providing coverage to the employer at the time the aggravation or injury is reported shall make immediate payment of the claim until all employers and insurers agree on responsibility or the matter is appropriately adjudicated by the Department of Labor and Regulation pursuant to this chapter. Source: SL 1994, ch 396, §3A; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-7-39 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-39 - Determining permanent partial or permanent total disability compensation.

62-7-39. Determining permanent partial or permanent total disability compensation.An employee, employer, employer's insurer, or self-insured employer shall be permitted to use the results of post-offer base line testing or a functional capacity assessment, as utilized by Guidelines to the Evaluation of Permanent Impairment established by the American Medical Association, sixth edition, July 2009 reprint, performed during the course of employment, or other medical evidence of impairment for the purpose of determining permanent partial or permanent total disability compensation due to an employee. Source: SL 1995, ch 296, §14; SL 2013, ch 260, §1.
SD Codified L § 62-7-40 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-40 - False testimony.

62-7-40. False testimony.In proceedings for workers' compensation benefits brought under this title, if the finder of fact determines that any person testifying in the proceeding has knowingly sworn falsely to any material fact in the proceeding, then the finder of fact may reject all of the testimony of that witness. Source: SL 1995, ch 296, §15.
SD Codified L § 62-7-41 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-41 - Supplemental wage benefit for employee unable to return to usual and customary employment.

62-7-41. Supplemental wage benefit for employee unable to return to usual and customary employment.If an employee is not totally disabled but is unable to return to the employee's usual and customary employment, the employer may, in lieu of rehabilitation, require the employee to accept, in addition to an earned income, a supplemental wage benefit to be paid by the employer which, in total with the earned income, equals the workers' compensation benefit rate applicable to the employee at the time of the employee's injury, plus a return to work incentive of twenty percent of the rate otherwise payable to the employee under §62-4-3, provided the employee is actually offered employment or is employed. Source: SL 1995, ch 296, §17.
SD Codified L § 62-8-1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-1 - Definition of terms.

62-8-1. Definition of terms.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 South Dakota;(3)"Disablement," the event of an employee's becoming actually and totally incapacitated, because of an occupational disease as defined in this chapter, from performing work in the last occupation in which injuriously exposed to the hazards of such disease. The terms, disability, disabled, total disability, totally disabled, or total disablement are synonymous with disablement;(4)"Injurious exposure" and "harmful quantities,' ' that concentration of toxic material which would, independently of any other cause whatsoever (including the previous physical condition of the claimant) produce or cause the disease for which claim is made;(5)"Nondisabling silicosis," silicosis demonstrable by X ray examinations of the lungs, which reveal unquestionably the characteristic mottling of silicosis in the lung fields, occurring in an employee after injurious exposure to silicon dioxide for the period provided in §62-8-14, but not sufficient to disable the employee from performing usual work;(6)"Occupational disease," a disease peculiar to the occupation in which the employee was engaged and due to causes in excess of the ordinary hazards of employment and includes any disease due or attributable to exposure to or contact with any radioactive material by an employee in the course of employment;(7)"Silicosis," the characteristic fibrotic condition of the lungs caused by the inhalation of silicon dioxide (SiO2) dust. Source: SDC 1939, §64.0804 as enacted by SL 1947, ch 426; SL 1971, ch 286, §1; SL 2008, ch 278, §50; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-8-3 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-3 - Contracted and incurred defined.

62-8-3. Contracted and incurred defined.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 2008, ch 278, §51.
SD Codified L § 62-8-4 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-4 - Right to compensation--Applicability of workers' compensation law.

62-8-4. Right to compensation--Applicability of workers' compensation law.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 of the disease, and the disease was due to the nature of an occupation or process in which the employee was employed within the period previous to the employee's disablement limited in this chapter, the employee, or, in case of the employee's death, the employee's dependents, are entitled to compensation as provided in the workers' compensation law, as if the disablement or death were an injury by accident, except as otherwise provided in this chapter. The practice and procedure prescribed in the workers' compensation law shall apply to proceedings for compensation for such diseases, except as in this chapter otherwise provided. Source: SDC 1939, §64.0802 as enacted by SL 1947, ch 426; SL 2008, ch 278, §52.
SD Codified L § 62-8-6 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-6 - Employers and workers subject to chapter--Security for compensation--Right to compensation as exclusive remedy.

62-8-6. Employers and workers subject to chapter--Security for compensation--Right to compensation as exclusive remedy.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 effect in this state. If the foregoing requirement is complied with, the liability of the employer under this chapter is exclusive and in place of any other civil liability, at common law or otherwise to such employee, or to the employee's spouse, children, parents, dependents, next of kin, personal representatives, guardian, conservator, or any others on account of any disease or injury to health, or on account of death from any disease or injury to health in any way contracted, sustained, aggravated, or incurred by the employee in the course of, or because of, or arising out of employment, except only an injury compensable as an injury by accident under the provisions of the workers' compensation law. Source: SDC 1939, §64.0803 as enacted by SL 1947, ch 426; SL 1971, ch 286, §3; SL 1993, ch 213, §264; SL 2008, ch 278, §54.
SD Codified L § 62-8-11 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-11 - Filing time to qualify for disability or death compensation.

62-8-11. Filing time to qualify for disability or death compensation.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 death from such disease, within two years of the date of such death. However, any prepaid lump sum payments made to the claimant during his lifetime for permanent total disability shall be accredited to the payments made for death benefits. Source: SDC 1939, §64.0807 (1) as enacted by SL 1947, ch 426; SL 1965, ch 308, §1; SL 1971, ch 286, §8; SL 1976, ch 323; SL 1993, ch 375, §39C; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-8-12 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-12 - Conditions of liability--Burden of proof.

62-8-12. Conditions of liability--Burden of proof.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.
SD Codified L § 62-8-13 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-13 - Notice of disability required--Claim for compensation.

62-8-13. Notice of disability required--Claim for compensation.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, inclusive. Source: SDC 1939, §64.0807 (2) as enacted by SL 1947, ch 426; SL 1965, ch 308, §1; SL 1971, ch 286, §9; SL 2008, ch 278, §55.
SD Codified L § 62-8-14 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-14 - Silicosis cases--Period of exposure.

62-8-14. Silicosis cases--Period of exposure.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 not less than two years, and has been in this state, under a contract of employment existing in this state. However, if the employee has been employed by the same employer during the whole of the two-year period, the employee's right to compensation against the employer is not affected by the fact that the employee had been employed during any part of the period outside of this state. Source: SDC 1939, §64.0808 as enacted by SL 1947, ch 426; SL 1976, ch 322, §4; SL 2008, ch 278, §56.
SD Codified L § 62-8-15 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-15 - Last employer liable--Amount of compensation--Notice of disability--Claim for compensation.

62-8-15. Last employer liable--Amount of compensation--Notice of disability--Claim for compensation.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 workers' compensation law) of the employee when last so injuriously exposed under the employer. The notice of disability and claim for compensation shall be given and made to the employer. Source: SDC 1939, §64.0809 as enacted by SL 1947, ch 426; SL 2008, ch 278, §57.
SD Codified L § 62-8-16 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-16 - Maximum compensation for death or disability.

62-8-16. Maximum compensation for death or disability.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.
SD Codified L § 62-8-17 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-17 - Waiver of disability benefits by working for another.

62-8-17. Waiver of disability benefits by working for another.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 1971, ch 286, §10; SL 2008, ch 278, §58.
SD Codified L § 62-8-18 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-18 - Death in case of silicosis--Liability of last employer.

62-8-18. Death in case of silicosis--Liability of last employer.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, §59.