reglab/housing_qa huggingface dataset:
SD Codified L § 62-8-19 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-19 - Disability or death from silicosis with complication of tuberculosis.

62-8-19. Disability or death from silicosis with complication of tuberculosis.In case of disability or death from silicosis, complicated with tuberculosis of the lungs, compensation is payable as for uncomplicated silicosis, if the silicosis was an essential factor in causing the disability or death. Source: SDC 1939, §64.0810 as enacted by SL 1947, ch 426; SL 2008, ch 278, §60.
SD Codified L § 62-8-20 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-20 - Partial disability due to silicosis not compensable--Exceptions.

62-8-20. Partial disability due to silicosis not compensable--Exceptions.Compensation is not payable for partial disability due to silicosis, except as provided in §§62-8-24, 62-8-27, and 62-8-28. Source: SDC 1939, §64.0811 as enacted by SL 1947, ch 426; SL 2008, ch 278, §61.
SD Codified L § 62-8-21 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-21 - Dependency arising after disability.

62-8-21. Dependency arising after disability.No compensation for death from an occupational disease is payable to any person whose relationship to the deceased, which, under the provisions of this chapter would give right to compensation, arose subsequent to the beginning of the first compensable disability, save only to after-born children of a marriage existing at the beginning of the disability. Source: SDC 1939, §64.0812 as enacted by SL 1947, ch 426; SL 2008, ch 278, §62.
SD Codified L § 62-8-22 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-22 - Disability or death due to employee's willful misconduct, willful self-exposure, or disobedience not compensable.

62-8-22. Disability or death due to employee's willful misconduct, willful self-exposure, or disobedience not compensable.Notwithstanding anything contained in this chapter, no employee or dependent of any employee, or personal representative of a deceased employee, or other person is entitled to receive compensation for disability or death from an occupational disease if the disability or death, wholly or in part, was caused by the willful misconduct or willful self-exposure of the employee or by the employee's disobedience to reasonable regulations adopted by the employer, that have been and are kept posted in conspicuous places in and about the premises of the employer, or otherwise brought to the attention of the employee. Source: SDC 1939, §64.0813 as enacted by SL 1947, ch 426; SL 1993, ch 375, §40; SL 2008, ch 278, §63.
SD Codified L § 62-8-23 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-23 - Willful self-exposure--Acts constituting.

62-8-23. Willful self-exposure--Acts constituting.As used in §62-8-22, willful self-exposure shall be conclusively presumed if any of the following occur:(1)An employee or applicant for employment fails or omits truthfully to state in writing to the best of the employee's knowledge in answer to any inquiry made by the employer, the place, duration, and nature of the employee's previous employment;(2)An applicant for employment fails or omits truthfully to state in writing to the best of the applicant's knowledge in answer to any inquiry made by the employer, whether or not the applicant had been previously disabled, laid off, or compensated in damages or otherwise, because of any physical disability;(3)An employee or applicant for employment fails or omits truthfully to give in writing to the best of the employee's or applicant's knowledge in answer to any inquiry made by the employer, full information about the previous status of the employee's or applicant's health, previous medical and hospital attention and exposure to tuberculosis;(4)An employee or applicant for employment fails or refuses to submit to medical or X ray examination when requested so to do by the employer at the employer's expense;(5)An employee willfully fails to use protective and safety devices provided by the employer. Source: SDC 1939, §64.0813 as enacted by SL 1947, ch 426; SL 2008, ch 278, §64.
SD Codified L § 62-8-24 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-24 - Waiver of full compensation for aggravation of nondisabling silicosis--Amount of claim limited.

62-8-24. Waiver of full compensation for aggravation of nondisabling silicosis--Amount of claim limited.If an employee, though not actually disabled, has nondisabling silicosis, the employee may, subject to the approval of the Department of Labor and Regulation, waive in writing full compensation for any aggravation of the employee's condition that may result from the employee continuing in the hazardous occupation. If the employee later suffers total disablement or death as a result of the disease with which the employee was affected after such a waiver, compensation shall be payable as provided in this chapter. However, the amount of compensation, whether for disability or death or both, may not exceed fifty-two times the maximum weekly benefit rate in effect at the time of total disability or death occurs. A waiver so permitted remains effective, for the trade, occupation, process, or employment for which executed, notwithstanding change of employer. The secretary of labor and regulation may promulgate rules pursuant to chapter 1-26 relative to the form, execution, filing, or registration, and public inspection of waivers or records thereof. Source: SDC 1939, §64.0814 as enacted by SL 1947, ch 426; SL 1983, ch 22, §23; SL 1993, ch 375, §41; SL 2008, ch 278, §65; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-8-25 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-25 - Contract waiving all claims for compensation for aggravation of nondisabling silicosis.

62-8-25. Contract waiving all claims for compensation for aggravation of nondisabling silicosis.A worker, seeking employment and having knowledge or being informed that the worker is affected with a nondisabling silicosis, who nevertheless voluntarily prefers to work in an occupation where the worker's disease may become aggravated, may, with the approval of the department, enter into a contract with the worker's prospective employer, waiving all claims for compensation or damages under this chapter or otherwise. Source: SDC 1939, §64.0815 as enacted by SL 1947, ch 426; SL 2008, ch 278, §66.
SD Codified L § 62-8-26 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-26 - Voluntary waiver--Finding by department.

62-8-26. Voluntary waiver--Finding by department.Before approving a waiver under §62-8-24 or 62-8-25, the department shall be satisfied that the worker has voluntarily entered into the agreement to waive compensation, that it is of greater advantage to the worker and the worker's dependents, if any, for the worker to work in an occupation where the worker's disease may become aggravated than to seek other employment, and that the working conditions maintained by the employer are such as to minimize the hazards of silicosis. Source: SDC 1939, §64.0816 as enacted by SL 1947, ch 426; SL 2008, ch 278, §67.
SD Codified L § 62-8-27 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-27 - Termination of employment because of nondisabling silicosis--Allowance of compensation.

62-8-27. Termination of employment because of nondisabling silicosis--Allowance of compensation.If an employee working subject to this chapter, who has not previously executed any of the waivers referred to in §§62-8-24 to 62-8-26, inclusive, and who would be entitled to compensation under this chapter if disabled, is, because the employee had a nondisabling silicosis, discharged from employment in which the employee is engaged, or if an employee, after an examination as provided in §62-8-28 and a finding by the medical panel that it is inadvisable for the employee to continue in employment, terminates employment, the department may allow the compensation on account of the discharge or termination of employment as the department deems just, but in no case to exceed one thousand dollars, which payment shall operate as a complete release and discharge of all liability of the employer. Source: SDC 1939, §64.0817 (1) as enacted by SL 1947, ch 426; SL 2008, ch 278, §68.
SD Codified L § 62-8-28 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-28 - Petition of employee for examination for silicosis--Payment of costs--Findings of department.

62-8-28. Petition of employee for examination for silicosis--Payment of costs--Findings of department.Any employee who in the course of employment has been exposed to the inhalation of silica dust and who wishes to submit to examination by the department to determine whether the employee has silicosis, and the degree thereof, may petition the department for an order directing the examination. The cost of the medical examination shall be borne by the employee making application. The department shall submit copies of the report of the examination to the employer and employee, who shall have opportunity to rebut the same, if the request therefor is made to the department within thirty days from the mailing of the report to the parties. The department shall make its findings as to whether or not it is inadvisable for the employee to continue in employment. Source: SDC 1939, §64.0817 (2) as enacted by SL 1947, ch 426; SL 2008, ch 278, §69.
SD Codified L § 62-8-29 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-29 - Notice of disease or death required for compensation.

62-8-29. Notice of disease or death required for compensation.Unless written notice of an occupational disease is given by the worker to the employer within six months after the employment has ceased in which it is claimed that the disease was contracted, and, in case of death, unless written notice of such death is given within ninety days after the occurrence, all rights to compensation for disability, or death, from an occupational disease are forever barred. Source: SDC 1939, §64.0818 as enacted by SL 1947, ch 426; SL 1965, ch 308, §2; SL 1977, ch 421, §4; SL 2008, ch 278, §70.
SD Codified L § 62-8-30 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-30 - Time for notice of incapacity from ionizing radiation.

62-8-30. Time for notice of incapacity from ionizing radiation.Notwithstanding §62-8-29, the time for filing notice and claims does not begin to run in cases of incapacity from exposure to ionizing radiation until one year after the date upon which the employee first suffered incapacity and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by the employee's present or prior employment. Source: SDC 1939, §64.0818 as enacted by SL 1965, ch 308, §2; SL 2008, ch 278, §71.
SD Codified L § 62-8-31 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-31 - Persons who may give notice and make claim.

62-8-31. Persons who may give notice and make claim.Notice and claim under §62-8-29 may be made by any person claiming to be entitled to compensation or by someone in the person's behalf. Source: SDC 1939, §64.0818 as enacted by SL 1947, ch 426; SL 1965, ch 308, §2; SL 2008, ch 278, §72.
SD Codified L § 62-8-32 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-32 - Time for making claim for further compensation after discontinuance.

62-8-32. Time for making claim for further compensation after discontinuance.If compensation payments have been made and discontinued, and further compensation is claimed, the claim for the further compensation shall be made within one year after the last payment. Source: SDC 1939, §64.0818 as enacted by SL 1947, ch 426; SL 1965, ch 308, §2; SL 2008, ch 278, §73.
SD Codified L § 62-8-40.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-40.1 - Contracts for medical reports.

62-8-40.1. Contracts for medical reports.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. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-8-41 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-41 - Autopsy ordered by department upon filing of claim.

62-8-41. Autopsy ordered by department upon filing of claim.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 licensed physician, who is a specialist in such examinations, to perform or attend the autopsy, and to certify the findings thereon. The findings shall be filed with the department and are a public record. Source: SDC 1939, §64.0823 as enacted by SL 1947, ch 426; SL 2008, ch 278, §75.
SD Codified L § 62-8-42 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-42 - Autopsy ordered by department where controversy may exist.

62-8-42. Autopsy ordered by department where controversy may exist.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 the cause of death or the existence of any occupational disease. Source: SDC 1939, §64.0823 as enacted by SL 1947, ch 426; SL 2008, ch 278, §76; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-8-43 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-43 - Refusal to permit autopsy--Suspension of proceedings for compensation.

62-8-43. Refusal to permit autopsy--Suspension of proceedings for compensation.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.
SD Codified L § 62-8-44 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-44 - Modification of award.

62-8-44. Modification of award.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 application by a party in interest made not later than one year after the denial or award, or, where compensation has been awarded, after the date when the last payment was made under the award, except in case of silicosis where such time limit shall be two years. Source: SDC 1939, §64.0824 as enacted by SL 1947, ch 426.
SD Codified L § 62-8-45 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-45 - Agreements between employer and employee.

62-8-45. Agreements between employer and employee.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 disapproval of the agreement by registered or certified letter sent to their addresses as given in the memorandum filed, the agreement shall stand as approved and be enforceable for all purposes under the provisions of this chapter. Source: SDC 1939, §64.0825 as enacted by SL 1947, ch 426.
SD Codified L § 62-8-47 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 08 - Occupational Disease Disability|Section 62-8-47 - Compensation under this chapter not additional to compensation under chapter 62-4.

62-8-47. Compensation under this chapter not additional to compensation under chapter 62-4.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 said chapter 62-4, no compensation under this chapter is payable. Source: SDC 1939, §64.0827 as enacted by SL 1947, ch 426; SL 2008, ch 278, §79.
SD Codified L § 62-9-1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 09 - Compensation For Permanent Loss Of Hearing|Section 62-9-1 - Compensation for permanent occupational hearing loss.

62-9-1. Compensation for permanent occupational hearing loss.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.
SD Codified L § 62-9-2 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 09 - Compensation For Permanent Loss Of Hearing|Section 62-9-2 - Definition of terms.

62-9-2. Definition of terms.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 loss of hearing. Sound of an intensity of less than ninety decibels, "A scale, slow response', is considered incapable of producing occupational hearing losses as defined in this chapter. Regular exposure to the noise levels set forth below for periods less than those described for such levels does not constitute an exposure to excessive noise:Noise LevelsPeriodsA Scale, Slow Response  90 DB8 hours per day 92 DB6 hours per day 95 DB4 hours per day 97 DB3 hours per day100 DB2 hours per day105 DB1 hour per day110 DB30 minutes per day115 DB15 minutes per dayGreater than 115 DBNo exposure recommended Source: SL 1986, ch 427, §2.
SD Codified L § 62-9-3 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 09 - Compensation For Permanent Loss Of Hearing|Section 62-9-3 - Calculation of hearing loss--What loss is compensable.

62-9-3. Calculation of hearing loss--What loss is compensable.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 according to accepted national standards such as American Standards Association, Inc. (ASA), International Standards Organization (ISO), or American National Standards Institute, Inc. (ANSI), shall be used for measuring hearing loss. If the losses of hearing average twenty-five decibels ANSI or less in the four frequencies, such losses of hearing do not constitute any compensable hearing disability. If the losses of hearing average ninety-two decibels ANSI or more in the four frequencies, then the same shall constitute and be total or one hundred percent compensable hearing loss. In measuring hearing impairment, the lowest measured losses in each of the four frequencies shall be added together and divided by four to determine the average decibel loss. For each decibel of loss exceeding twenty-five decibels, an allowance of one and one-half percent shall be made up to the maximum of one hundred percent which is reached at ninety-two decibels. Source: SL 1986, ch 427, §3.
SD Codified L § 62-9-4 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 09 - Compensation For Permanent Loss Of Hearing|Section 62-9-4 - Hearing loss to be determined on binaural basis--How calculated.

62-9-4. Hearing loss to be determined on binaural basis--How calculated.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 loss as determined in §62-9-3, if any, in the better ear shall be multiplied by five. The resulting figure shall be added to the percentage of loss determined in the same manner for the poorer ear and that sum shall be divided by six. The resulting quotient percentage shall represent the binaural hearing impairment for which compensation shall be paid according to §62-9-6. Source: SL 1986, ch 427, §4.
SD Codified L § 62-9-5 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 09 - Compensation For Permanent Loss Of Hearing|Section 62-9-5 - Deductions from total average decibel loss.

62-9-5. Deductions from total average decibel loss.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 employee's age over forty-five years at the time of last exposure to occupational noise. Other appropriate deductions established by competent specialist opinion which exceed the foregoing allowance for presbycusis shall also be deducted. Source: SL 1986, ch 427, §5.
SD Codified L § 62-9-6 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 09 - Compensation For Permanent Loss Of Hearing|Section 62-9-6 - Amount of compensation payable for total or partial hearing loss.

62-9-6. Amount of compensation payable for total or partial hearing loss.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 427, §6.
SD Codified L § 62-9-7 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 09 - Compensation For Permanent Loss Of Hearing|Section 62-9-7 - No benefits for temporary total or partial disability or for tinnitus.

62-9-7. No benefits for temporary total or partial disability or for tinnitus.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.