reglab/housing_qa huggingface dataset:
SD Codified L § 61-7-10.1 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 07 - Claims Administration|Section 61-7-10.1 - Payment of benefits in accordance with determination being appealed--Effect of modification or reversal.

61-7-10.1. Payment of benefits in accordance with determination being appealed--Effect of modification or reversal.If a determination or redetermination allowing benefits is affirmed in any amount by the Department of Labor and Regulation benefits shall be paid promptly regardless of any further appeal or the disposition of the appeal and no injunction, supersedeas, stay or other unit or process suspending the payment of benefits may be issued by any court; but if the decision is finally modified or reversed to deny benefits:(1)Benefits may not be paid for any week of unemployment involved in the modification or reversal, until a disqualification if imposed has been satisfied; and(2)No contributing employer's experience rating account may be charged with benefits paid prior to the determination reversing or modifying a prior determination that would not have been paid pursuant to the reversing or modifying determination, but the noncharging does not apply to employers liable for reimbursement to the department for payments that were paid by the department; and(3)Benefits paid pursuant to this section or §61-7-5 shall constitute a recoverable overpayment as provided in §61-6-41. Source: SL 1936 (SS), ch 3, §6 (b); SDC 1939, §17.0832; SL 1939, ch 90, §1; SL 1943, ch 85; SL 1947, ch 88, §13; SDCL §61-7-11; SDCL Supp, §61-7-5 as added by SL 1972, ch 269, §5; SL 1974, ch 332, §1; SL 1984, ch 339, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2013, ch 258, §24.
SD Codified L § 61-7-12 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 07 - Claims Administration|Section 61-7-12 - Action by secretary on own motion or appeal--Notice to parties--Final decision of department.

61-7-12. Action by secretary on own motion or appeal--Notice to parties--Final decision of department.The secretary of labor and regulation may on the secretary's own motion affirm, modify, or set aside any decision of an appeal referee on the basis of the evidence previously submitted in the case, or direct the taking of additional evidence, or may permit any of the parties to the decision to initiate further appeals before the secretary. The secretary may permit such further appeal by any of the parties interested in a decision of an appeal referee and by the benefit section whose decision has been overruled or modified by an appeal referee. The secretary shall promptly notify the interested parties of the secretary's findings and decision. Any decision of the secretary is the final decision of the Department of Labor and Regulation. Source: SL 1936 (SS), ch 3, §6; SDC 1939, §§17.0835, 17.0838; SL 1947, ch 88, §16; SL 1984, ch 339, §3; SL 2008, ch 277, §155; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 61-7-13 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 07 - Claims Administration|Section 61-7-13 - Department as party to judicial action--Representation of department in appeal.

61-7-13. Department as party to judicial action--Representation of department in appeal.The Department of Labor and Regulation is a party to any judicial action involving any department decision, and may, if it so elects, become involved in the appeal and be represented by any qualified attorney who has been designated by the department with the approval of the attorney general for that purpose, or at the secretary's request, by the attorney general. Source: SL 1936 (SS), ch 3, §6 (h); SDC 1939, §17.0838; SL 1939, ch 84, §8; SL 1984, ch 339, §4; SL 1989, ch 450, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 61-7-14 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 07 - Claims Administration|Section 61-7-14 - Appeal of department's final decision--No bond required.

61-7-14. Appeal of department's final decision--No bond required.A final decision of the Department of Labor and Regulation is appealable as provided by chapter 1-26 and no bond may in any event be required for entering such appeal. Source: SL 1936 (SS), ch 3, §6 (i); SDC 1939, §17.0839; SL 1941, ch 90; SL 1972, ch 269, §6; SL 1984, ch 339, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 61-7-21 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 07 - Claims Administration|Section 61-7-21 - Fees not chargeable to claimant--Violation as misdemeanor.

61-7-21. Fees not chargeable to claimant--Violation as misdemeanor.No individual claiming benefits may be charged fees of any kind in any proceeding under this title by the department or by any court. Violation of this section is a Class 2 misdemeanor. Source: SL 1936 (SS), ch 3, §15 (b); SDC 1939, §§17.0840, 17.9906; SDCL §61-7-23; SL 1978, ch 359, §2; SL 2008, ch 277, §156.
SD Codified L § 61-7-22 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 07 - Claims Administration|Section 61-7-22 - Claimant's right to counsel--Maximum attorney fee--Employer's representation--Department's representation.

61-7-22. Claimant's right to counsel--Maximum attorney fee--Employer's representation--Department's representation.Any individual claiming benefits in any proceeding before the department may be represented by counsel or other duly authorized agent; but no such counsel or agent may either charge or receive for such services more than an amount approved by the department. An employer, including a corporate employer, may be represented before the department by counsel, an employee or a corporate officer. The department may be represented before the department by counsel or an employee of the department. Source: SL 1936 (SS), ch 3, §15 (b); SDC 1939, §§17.0840, 17.9906; SDCL, §61-7-23; SL 1978, ch 359, §2; SL 1993, ch 377, §15.
SD Codified L § 61-7-24 (2021)
2021 South Dakota Codified Laws|Title 61 - Reemployment Assistance|Chapter 07 - Claims Administration|Section 61-7-24 - Findings, conclusions, and decisions not admissible as evidence in separate or subsequent actions or proceedings.

61-7-24. Findings, conclusions, and decisions not admissible as evidence in separate or subsequent actions or proceedings.No finding of fact, conclusion of law, decision or final order made by an appeals referee or the secretary of labor and regulation in any action under this chapter may be used as evidence in any separate or subsequent action or proceeding between an individual and the individual's present or former employer brought before an arbitrator, court or judge of this state or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts. Source: SL 1988, ch 416; SL 2008, ch 277, §157; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-1-1.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-1.1 - Medical practitioner defined.

62-1-1.1. Medical practitioner defined.For purposes of this title only, a health care provider licensed and practicing within the scope of his profession under Title 36 is a medical practitioner. Source: SL 1990, ch 416, §6.
SD Codified L § 62-1-1.2 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-1.2 - Determining impairment.

62-1-1.2. Determining impairment.For the purposes of this chapter, impairment shall be determined by a medical impairment rating, expressed as a percentage to the affected body part, using the Guides to the Evaluation of Permanent Impairment established by the American Medical Association, sixth edition, July 2009 reprint. Source: SL 1994, ch 396, §4; SL 2013, ch 260, §2.
SD Codified L § 62-1-1.3 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-1.3 - Presumption that claims denied by employer are nonwork related for other insurance purposes--Reimbursement for compensable injuries.

62-1-1.3. Presumption that claims denied by employer are nonwork related for other insurance purposes--Reimbursement for compensable injuries.If an employer denies coverage of a claim for any reason under this Title or any reason permissible under Title 58, such injury is presumed to be nonwork related for other insurance purposes, and any other insurer covering bodily injury or disease of the injured employee shall pay according to the policy provisions. If coverage is denied by an insurer without a full explanation of the basis in the insurance policy in relation to the facts or applicable law for denial, the director of the Division of Insurance may determine such denial to be an unfair practice under chapter 58-33. If it is later determined that the injury is compensable under this Title, the employer shall immediately reimburse the parties not liable for all payments made, including interest at the category B rate specified in §54-3-16. Source: SL 1995, ch 297, §7; SL 1997, ch 302, §1; SL 2013, ch 259, §1.
SD Codified L § 62-1-2 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-2 - Employer defined.

62-1-2. Employer defined.As used in this title the term "employer" includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. Any person performing labor incidental to the person's own occupation who has elected to proceed under the provisions of §58-20-3 by purchasing workers' compensation insurance to cover the person, is deemed to be an employer under this section irrespective of whether the person is using the services of another for pay. If the employer is insured, it shall include the employer's insurer so far as applicable. Source: SDC 1939, §64.0102 (1); SL 1978, ch 370, §1; SL 1994, ch 351, §167.
SD Codified L § 62-1-3 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-3 - Employee defined.

62-1-3. Employee defined.As used in this title, the term,employee, means any person, including a minor, in the services of another under any contract of employment, express or implied, (and including as to a deceased employee, the employee's personal representative, dependents, and other persons to whom compensation may be payable), except:(1)Any person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer;(2)Any official of the state or of any subdivision of government elected or appointed for a regular term of office or to complete the unexpired portion of any such term. However, the governing body of any subdivision may elect to treat officials of the subdivision as employees for the purposes of this section.Any employer performing labor incidental to the employer's occupation who has elected to proceed under the provisions of §58-20-3 by purchasing workers' compensation insurance to cover himself or herself, may be deemed to be an employee under this section. However, nothing in this section may be construed as to affect that person's rights as an employer for purposes of §§62-3-1 and 62-3-2. Source: SL 1917, ch 376, §§8, 55; RC 1919, §§9443, 9490; SL 1929, ch 253; SDC 1939, §64.0102 (2); SL 1943, ch 313; SL 1949, ch 441; SL 1951, ch 467; SL 1957, ch 493; SL 1959, ch 454; SL 1966, ch 262; SL 1975, ch 322, §2; SL 2008, ch 278, §1.
SD Codified L § 62-1-4 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-4 - Municipal and county officers--Inclusion within definition of employee.

62-1-4. Municipal and county officers--Inclusion within definition of employee.Notwithstanding subdivision 62-1-3(2), county highway superintendents, deputy sheriffs, constables, marshals, policemen, and firemen shall be deemed employees within the meaning of §62-1-3. Source: SL 1929, ch 253; SDC 1939, §64.0102 (2) (b); SL 1943, ch 313; SL 1949, ch 441; SL 1951, ch 467; SL 1957, ch 493; SL 1959, ch 454; SL 1966, ch 262.
SD Codified L § 62-1-4.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-4.1 - Elementary, secondary and technical college students not employees--Exception for work in vocational education.

62-1-4.1. Elementary, secondary and technical college students not employees--Exception for work in vocational education.Notwithstanding the provisions of §62-1-5.1, students of elementary, secondary, and technical colleges are not employees within the meaning of this title. However, a school district or technical college, which provides a work experience educational class conducted off the school premises as a part of its vocational education program is the employer of those students who are receiving this training and experience and the students are school employees for the purposes of this title unless they are being paid a cash wage or salary by a private employer, or the person or firm providing the students the work experience elects to include them, by written agreement, in its workers' compensation insurance coverage. Source: SL 1973, ch 314; SL 1982, ch 374; SL 2020, ch 61, § 55.
SD Codified L § 62-1-5 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-5 - Fire department, ambulance service, and rescue squad volunteers--Employees of county, municipality, special purpose district, or township--Imputed wage.

62-1-5. Fire department, ambulance service, and rescue squad volunteers--Employees of county, municipality, special purpose district, or township--Imputed wage.All persons providing voluntary service to a fire department, ambulance service, or rescue squad for any county, municipality, special purpose district, or township if regularly organized under the law shall be deemed employees of such county, municipality, special purpose district, or township while in the performance of their duties as members, if recommended by the person in charge to the governing body of such county, municipality, special purpose district, or township for membership and appointed by such governing body, and has not been removed by such governing body as members. For the purpose of computing compensation, the members shall be considered to be earning a wage that would entitle the members to the maximum compensation for death or injury allowable under this title. But in no event may payments to the members exceed the maximum limitations for benefits as set out in this title.For purposes of determining compensation, any remuneration received by a member who voluntarily serves may not be considered. Source: SDC 1939, §64.0102 (2) (b); SL 1943, ch 313; SL 1949, ch 441; SL 1951, ch 467; SL 1957, ch 493; SL 1959, ch 454; SL 1966, ch 262; SL 1969, ch 284; SL 1997, ch 303, §1.
SD Codified L § 62-1-5.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-5.1 - Volunteers serving state or political subdivision without pay--Computing or imputing wage--Certain persons not deemed volunteers.

62-1-5.1. Volunteers serving state or political subdivision without pay--Computing or imputing wage--Certain persons not deemed volunteers.Any volunteer worker rendering services in or for any agency, department, institution, or instrumentality of the state or of any of its political subdivisions, including counties, townships, school districts, or municipalities, whose services have been duly recommended to the officer or governing body responsible for employment of personnel for the respective entity and duly appointed thereto by such officers or governing body, shall for purposes of this title be deemed an employee of the state or the political subdivision, as the case may be. The appointment shall be entered into the official records or minutes of the entity.In the event of injury or death, for the purposes of computing compensation for volunteer workers other than volunteer firefighters, a volunteer uncompensated worker's employment earnings from all sources during the last six months of employment shall be used. In the event the volunteer uncompensated worker has never been employed, the worker shall be considered to be earning the state minimum wage over a forty-hour week. The worker's average weekly wage shall be calculated by one of the methods in §§62-4-25 to 62-4-27, inclusive. In no event may payments to volunteer uncompensated workers exceed the maximum limitations for benefits as set out in this title. No local prisoner, state inmate, or federal inmate providing services to the state or any of its political subdivisions may be considered a volunteer worker under this section. Source: SL 1971, ch 278, §1; SL 2001, ch 292, §1.
SD Codified L § 62-1-5.2 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-5.2 - Requirements for volunteer firefighters to become eligible for workers' compensation--Amount of benefits--Limitation on eligibility.

62-1-5.2. Requirements for volunteer firefighters to become eligible for workers' compensation--Amount of benefits--Limitation on eligibility.Any firefighter who is a member of any county, municipal, special purpose district, township, or private nonprofit corporation operating as a fire department that has on file a cooperative fire suppression agreement with the South Dakota Department of Public Safety, and has been approved by the governing body for assignment to the state, is eligible for workers' compensation benefits from the state if injured during a period of time commencing from the time dispatched by the secretary of public safety until the time the firefighter returns to the location from which the firefighter was originally dispatched by the secretary of public safety. In the event of injury or death, the firefighter shall, for the purpose of computing compensation, be considered to be earning a wage that would entitle that person to the maximum compensation for death or injury allowable under this title; but in no event may payments to any firefighter exceed the maximum limitations for benefits as set out in this title.For purposes of determining compensation any remuneration received by a member who voluntarily serves the department may not be considered.No firefighter under this section may be deemed a state employee for any purpose other than eligibility to receive workers' compensation from the state under this section.No workers' compensation benefits may be provided by the state if the claim arises while dispatched to a wildland fire outside the state, unless the fire is a threat to resources within South Dakota. Source: SL 1991, ch 417, §§1, 2; SL 1995, ch 295; SL 1997, ch 303, §2; SL 2002, ch 245, §1; SL 2002, ch 252 (Ex. Ord. 02-1), §18; SL 2005, ch 284, §1; SL 2006, ch 270, §1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.
SD Codified L § 62-1-6 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-6 - Conservation officers acting as law enforcement officers.

62-1-6. Conservation officers acting as law enforcement officers.For the purpose of workers' compensation coverage, any conservation officer while performing any act ordinarily considered a law enforcement officer's duty shall be deemed to be acting in the course of the officer's employment. Source: SDC 1939, §64.0102 (2) (b) as added by SL 1966, ch 262; SL 2008, ch 278, §2.
SD Codified L § 62-1-7 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-7 - Executive officers as employees of corporations--Exception as to nonprofit corporations.

62-1-7. Executive officers as employees of corporations--Exception as to nonprofit corporations.Every duly elected or appointed executive officer of a corporation, other than a charitable, religious, educational, or other nonprofit corporation, shall be an employee of such corporation under this title. Source: SDC 1939, §64.0102 (2) (b) as added by SL 1957, ch 495; SL 1959, ch 454.
SD Codified L § 62-1-8 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-8 - Nonprofit corporation complying with title--Executive officer as employee.

62-1-8. Nonprofit corporation complying with title--Executive officer as employee.Notwithstanding any other provision of this title, any charitable, religious, educational, or other nonprofit corporation which has accepted the provisions of this title may cause any duly elected or appointed executive officer to be an employee of such corporation under this title by specifically including such executive officer among those to whom such corporation secures the payment of compensation in accordance with the provisions of §§62-5-1 to 62-5-5, inclusive; and such executive officer shall remain an employee of such corporation under this title while the payment of compensation is so secured. With respect to any corporation of the foregoing description that elects to secure compensation by the means specified in §62-5-2 or 62-5-3, the specific inclusion of such executive officer in its contract of insurance shall be deemed to cause such executive officer to be an employee of such corporation under this title. Source: SDC 1939, §64.0102 (2) (b) as added by SL 1957, ch 495; SL 1959, ch 454.
SD Codified L § 62-1-9 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-9 - Citation of title.

62-1-9. Citation of title.This title shall be known and cited as the "South Dakota Workers' Compensation Law." Source: SL 1917, ch 376, §1; RC 1919, §9436; SDC 1939, §64.0101; SL 1975, ch 322, §3.
SD Codified L § 62-1-10 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-10 - Owner-operator of certain vehicles as independent contractor.

62-1-10. Owner-operator of certain vehicles as independent contractor.An owner-operator who, as an individual or partner, or shareholder of a corporate owner-operator, owns a vehicle licensed and registered as a truck, road tractor, or truck tractor by a governmental agency, is an independent contractor while performing services in the operation of the owner-operator's vehicle if the owner-operator has applied for and received a certification of independent contractor status from the Department of Labor and Regulation. Source: SL 1995, ch 296, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.