reglab/housing_qa huggingface dataset:
SD Codified L § 62-1-11 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-11 - Requirements for owner-operator of vehicle for certification as independent contractor.

62-1-11. Requirements for owner-operator of vehicle for certification as independent contractor.To receive certification as indicated in §62-1-10, the owner-operator and the carrier shall provide written documentation that the following are substantially present:(1)The owner-operator is responsible for the maintenance of the vehicle;(2)The owner-operator is responsible for the vehicle's operating costs, including fuel, repairs, supplies, collision insurance, and personal expenses for the operator while on the road;(3)The owner-operator is responsible for supplying the necessary personnel to operate the vehicle, the personnel are considered the owner-operator's employees, and the owner-operator is responsible for providing proof of workers' compensation insurance for the employees;(4)The owner-operator's compensation is based on factors related to the work performed, including a percentage of any schedule of rates or lawfully published tariffs, and not on the basis of the hours or time expended;(5)The owner-operator determines the details and means of performing the services, in conformance with regulatory requirements, operating procedures of the commercial carrier, and specifications of the shipper; and(6)The owner-operator enters into a written contract which specifies the relationship to be that of an independent contractor and not that of an employee. Source: SL 1995, ch 296, §2.
SD Codified L § 62-1-12 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-12 - Issuance of certificate of independent contractor status to owner-operator of certain vehicles.

62-1-12. Issuance of certificate of independent contractor status to owner-operator of certain vehicles.Upon submission of the documentation required by §62-1-11, if the conditions are substantially met, the department shall issue a certificate of independent contractor status to the owner-operator and the carrier within thirty days. The certificate shall be kept with the vehicle. If the conditions are not substantially met, the department shall deny the request for certification within thirty days. If there is no change in the circumstances under which the certification is issued, the certification shall be binding upon the parties on the issue of independent contractor status. The burden to establish a change of circumstances is on the owner-operator. Source: SL 1995, ch 296, §3.
SD Codified L § 62-1-13 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-13 - Election of owner-operator of certain vehicles to participate in workers' compensation system as sole proprietor.

62-1-13. Election of owner-operator of certain vehicles to participate in workers' compensation system as sole proprietor.An owner-operator, as an independent contractor, may elect to participate in this state's workers' compensation system as a sole proprietor. Alternatively, an owner-operator and the motor carrier to whom the owner-operator's vehicle is leased may mutually agree that the owner-operator will be covered under the motor carrier's workers' compensation insurance policy or authorized self-insurance, if the owner-operator agrees to pay the premiums requested by the motor carrier. An agreement by an owner-operator and a motor carrier to include the owner-operator under the motor carrier's workers' compensation coverage does not affect the independent contractor status of the owner-operator. If the owner-operator makes the election as set forth in this paragraph, the owner-operator will be deemed bound by the provisions of this title. Source: SL 1995, ch 296, §4.
SD Codified L § 62-1-14 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-14 - Promulgation of rules.

62-1-14. Promulgation of rules.The department shall promulgate rules pursuant to chapter 1-26 governing the submission of the documentation required by §62-1-11 and prescribe the form of the certificate issued pursuant to §62-1-12. Source: SL 1995, ch 296, §5.
SD Codified L § 62-1-15 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-15 - Evidence of injury supported by medical findings.

62-1-15. Evidence of injury supported by medical findings.In any proceeding or hearing pursuant to this title, evidence concerning any injury shall be given greater weight if supported by objective medical findings. Source: SL 1995, ch 296, §5A.
SD Codified L § 62-1-16 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-16 - Employer civilly liable for retaliatory termination of employee--Burden of proof.

62-1-16. Employer civilly liable for retaliatory termination of employee--Burden of proof.An employer is civilly liable for wrongful discharge if it terminates an employee in retaliation for filing a lawful workers' compensation claim. The burden of proof is on the employee to prove the dismissal was in retaliation for filing a workers' compensation claim. Source: SL 1999, ch 262, §12.
SD Codified L § 62-1-17 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-17 - Discrimination in hiring based upon preexisting injury prohibited.

62-1-17. Discrimination in hiring based upon preexisting injury prohibited.No employer may discriminate in hiring any prospective employee due to a preexisting injury if the preexisting injury does not affect the prospective employees' ability to perform the work for which the prospective employee is being hired. Source: SL 1995, ch 262, §13.
SD Codified L § 62-1-18 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-18 - Current employer liable for costs and compensation of subsequent compensable injury.

62-1-18. Current employer liable for costs and compensation of subsequent compensable injury.If an employee who has previously sustained an injury, or suffers from a preexisting condition, receives a subsequent compensable injury, the current employer shall pay all medical and hospital expenses and compensation provided by this title. Source: SL 1999, ch 262, §14.
SD Codified L § 62-1-19 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-19 - Independent contractor affidavit of exempt status--Rebuttable presumption.

62-1-19. Independent contractor affidavit of exempt status--Rebuttable presumption.Any independent contractor who is not an employer or a general contractor and is not covered under a workers' compensation insurance policy may sign an affidavit of exempt status under the South Dakota Workers' Compensation Law. Notwithstanding the provisions of §62-3-10, the affidavit of exempt status creates a rebuttable presumption that the affiant is not an employee for the purposes of the South Dakota Workers' Compensation Act and the person possessing the affidavit is not liable for a workers' compensation claim made by the affiant or any subcontractor of the affiant. Source: SL 2015, ch 262, §1.
SD Codified L § 62-1-20 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-20 - Contents of affidavit of exempt status.

62-1-20. Contents of affidavit of exempt status.The affidavit must be on a form prescribed by the director of the Division of Insurance and must be notarized. The director of the Division of Insurance may promulgate rules pursuant to chapter 1-26 to provide definitions, the form and process for filing the affidavit, and documentation required for filing an affidavit of exemption from the South Dakota Workers' Compensation Law.The affidavit of exempt status shall contain substantially the following:(1)Statements that the affiant:(a)Is not an employee and does not want a workers' compensation insurance policy;(b)Has read, signed, and understands the exempt status fact sheet attachment to the affidavit;(c)Understands that the affiant will be considered an independent contractor and will not be considered an employee under the South Dakota Workers' Compensation Law;(d)Understands that the affiant will not be eligible for compensation under the South Dakota Workers' Compensation Law;(e)Understands that the signing of the affidavit creates a rebuttable presumption that the affiant is not an employee for the purpose of the South Dakota Workers' Compensation Act;(f)Understands that the signing of the affidavit does not affect the rights or coverage of any employee of the affiant;(g)Is not signing the affidavit or providing information as a result of force, threat, coercion, compulsion, or duress; and(h)Understands that knowingly providing false information on an affidavit of exempt status under the South Dakota Workers' Compensation Law is a Class 2 misdemeanor; and(2)An exempt status fact sheet, to be attached to the affidavit, which:(a)Delineates the legal requirements recognized in law for determining whether a person is an independent contractor; and(b)Contains a statement that the affiant believes they are an independent contractor given the preceding list of legal requirements. Source: SL 2015, ch 262, §2.
SD Codified L § 62-1-21 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-21 - Providing false information on affidavit of exempt status as misdemeanor.

62-1-21. Providing false information on affidavit of exempt status as misdemeanor.Any person who solicits or provides false information on an affidavit of exempt status under the South Dakota Workers' Compensation Law with actual knowledge is guilty of a Class 2 misdemeanor. Source: SL 2015, ch 262, §3.
SD Codified L § 62-1-22 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-22 - Acceptance of affidavit of exempt status not required.

62-1-22. Acceptance of affidavit of exempt status not required.No employer or general contractor is required to accept an affidavit of exempt status as a substitute for a certificate of workers' compensation coverage. Source: SL 2015, ch 262, §4.
SD Codified L § 62-1-23 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-23 - Wheeler v. Cinna Bakers LLC regarding aggregation of wages abrogated.

62-1-23. Wheeler v. Cinna Bakers LLC regarding aggregation of wages abrogated.The Legislature finds that the aggregation of wages from concurrent employment was not within the Legislature's intent when it enacted the definition of earnings in subdivision 62-1-1(6). Therefore, the holding in Wheeler v. Cinna Bakers LLC, 864 N.W. 2d 17, 2015 S.D. 25, regarding the aggregation of wages is abrogated. Source: SL 2016, ch 236, §1.
SD Codified L § 62-1-24 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-24 - Effect of concurrent employment on calculation of earnings for claims before May 6, 2015.

62-1-24. Effect of concurrent employment on calculation of earnings for claims before May 6, 2015.For a workers' compensation claim arising before May 6, 2015, an employee's earnings up to the claimed date of injury are calculated exclusively on the wages earned at the place of employment where the injury occurred. Source: SL 2016, ch 236, §2.
SD Codified L § 62-1-25 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 01 - Definitions And General Provisions|Section 62-1-25 - Effect of concurrent employment on calculation of average weekly wage for claims after May 5, 2015.

62-1-25. Effect of concurrent employment on calculation of average weekly wage for claims after May 5, 2015.For a workers' compensation claim arising after May 5, 2015, if an employee was working for more than one employer, the employee's earnings used to calculate the employee's average weekly wage in §§62-4-24, 62-4-25, or 62-4-26 shall include the amount of compensation for the number of hours commonly regarded as a day's work for each employer in which the person was concurrently employed at the time of the person's injury; however, an employee's earnings from concurrent employment are aggregated only if the injury occurred when the employee was actively working in the concurrent employment and when the injury prevents the employee from performing the employee's duties at the employee's other concurrent employment. Source: SL 2016, ch 236, §3.
SD Codified L § 62-2-5 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-5 - Enforcement of title--Rules promulgation.

62-2-5. Enforcement of title--Rules promulgation.The Department of Labor and Regulation shall carry out and enforce the provisions of this title. The department may promulgate rules pursuant to chapter 1-26 governing procedures in worker's compensation hearings, petitions, interested parties, summary judgments, dismissals, applications in self-insurance, and related procedural matters. Source: SL 1917, ch 376, §§29, 31; RC 1919, §§9464, 9466; SL 1925, ch 302, §1; SDC 1939, §64.0501; SL 1993, ch 375, §39; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-2-6 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-6 - Investigations--Subpoena of witnesses and records.

62-2-6. Investigations--Subpoena of witnesses and records.The department may subpoena witnesses, administer oaths, and examine such books and records of the parties to a proceeding or investigation as relate to questions in dispute or under investigation. The circuit court may enforce the provisions of this title relating to the attendance and testimony of witnesses and the examination of books and records. Source: SL 1917, ch 376, §31; RC 1919, §9466; SDC 1939, §64.0501; SL 2008, ch 278, §3.
SD Codified L § 62-2-10 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-10 - Workers' Compensation Advisory Council--Members--Expenses--Terms--Quorum--Duties--Report.

62-2-10. Workers' Compensation Advisory Council--Members--Expenses--Terms--Quorum--Duties--Report.The Governor shall appoint a State Workers' Compensation Advisory Council, composed of nine members, four representing employees, two of whom shall be from recommendations submitted by the South Dakota Federation of Labor. No employee representative may be a member of a personnel department. Four shall represent employers. The ninth member appointed shall serve as chair. The members may not be all of the same political party. Expenses of council members shall be paid by the Department of Labor and Regulation. The length of terms is three years with no more than three expiring each year. Members shall serve until a new appointment is made by the Governor. The secretary of labor and regulation is a nonvoting member. Five of the nine voting members of the council are a quorum for meetings. Any recommendations by the advisory council shall be by majority vote of the nine voting members.The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment. The council shall aid the Department of Labor and Regulation in reviewing the workers' compensation program as to its content, adequacy, and effectiveness and make recommendations for improvement. The council shall meet as frequently as necessary but not less than twice each year. The council shall make reports of its meetings that shall include a record of council discussions, including all issues voted upon and the vote count, and council recommendations. The council shall make an annual report to the Governor and Legislature by December thirty-first of each year. The department shall make the reports available to any interested persons or groups. Source: SL 1992, ch 364, §1; SL 1994, ch 396, §1; SL 1999, ch 261, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §§33, 162, eff. Apr. 12, 2011; SL 2012, ch 16, §3; SL 2013, ch 176, §3; SL 2019, ch 218, §1.
SD Codified L § 62-2-10.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-10.1 - Contents of advisory council annual report.

62-2-10.1. Contents of advisory council annual report.The Workers' Compensation Advisory Council shall include in its annual report data about the average amount of disability or fatality benefits paid for a claim over the most recent calendar years, the ratio of disability and fatality benefits to overall benefits paid, and any changes in premium base rates directly attributable to including concurrent earnings in benefits. It shall report to the 2019 Legislature the impact of SL 2016, ch 236. Source: SL 2016, ch 236, §6.
SD Codified L § 62-2-11 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-11 - Posting safety information.

62-2-11. Posting safety information.Employers shall display informational postings promoting safety in the workplace in visible locations throughout the business premises in accordance with rules promulgated by the Department of Labor and Regulation pursuant to chapter 1-26. Source: SL 1992, ch 364, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-2-12 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-12 - Small claims procedure for medical expense claims.

62-2-12. Small claims procedure for medical expense claims.The department shall establish a small claims procedure for medical expense claims not exceeding eight thousand dollars. The procedure may only be used for a medical expense claim incurred after the department has held a hearing and has adjudicated the underlying injury as compensable or after the department has approved an agreement as to compensation or a memorandum of payment for permanent partial disability. Source: SL 2006, ch 271, §1.
SD Codified L § 62-2-13 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-13 - Promulgation of rules regarding small claims procedure.

62-2-13. Promulgation of rules regarding small claims procedure.The department shall, by rules promulgated pursuant to chapter 1-26, provide for the manner in which the disputed claims shall be presented and the forms required from the claimant and from employers. Source: SL 2006, ch 271, §2.
SD Codified L § 62-2-14 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-14 - Initiation of claim.

62-2-14. Initiation of claim.Any claimant pursuant to §§62-2-12 to 62-2-22, inclusive, shall initiate a claim by completing a form provided by the department. Source: SL 2006, ch 271, §3.
SD Codified L § 62-2-15 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-15 - Notice to party claimed against.

62-2-15. Notice to party claimed against.The department shall send notice to the party claimed against by registered or certified mail, return receipt. Source: SL 2006, ch 271, §4.
SD Codified L § 62-2-16 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-16 - Setoff or counterclaim.

62-2-16. Setoff or counterclaim.Any party claimed against may assert any setoff or counterclaim that is within the jurisdiction of the department. Source: SL 2006, ch 271, §5.
SD Codified L § 62-2-17 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-17 - Hearing.

62-2-17. Hearing.The department shall conduct the hearings in accordance with chapter 1-26. The department shall expedite any hearing to the extent possible. Source: SL 2006, ch 271, §6.
SD Codified L § 62-2-18 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-18 - Evidence.

62-2-18. Evidence.Any medical record, correspondence, medical bill, and expert report and correspondence is admissible as evidence. Nothing in §§62-2-12 to 62-2-22, inclusive, precludes an employer or insurer from obtaining an examination pursuant to §62-7-1. Source: SL 2006, ch 271, §7.
SD Codified L § 62-2-19 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-19 - Release and disclosure of medical records.

62-2-19. Release and disclosure of medical records.Upon the request of any party claimed against, the claimant shall provide an executed medical release in a form prescribed by the department, sufficiently in advance of the hearing to allow the party claimed against to obtain such medical records as it deems appropriate. Any party shall disclose to the other party any medical record that is within the party's possession and is relevant to the claim in dispute. Source: SL 2006, ch 271, §8.
SD Codified L § 62-2-20 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-20 - Appeal.

62-2-20. Appeal.Within fifteen days after receiving the decision by the department, any party may appeal the decision to the secretary of labor and regulation. The secretary of labor and regulation may on the secretary's own motion affirm, modify, or set aside any decision on the basis of the evidence previously submitted in the case or the secretary may direct the taking of additional evidence. 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. Any final decision of the department may be appealed as provided in chapter 1-26. Source: SL 2006, ch 271, §9; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-2-21 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-21 - Representation by counsel or agent--Fee for services.

62-2-21. Representation by counsel or agent--Fee for services.Any claimant 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 or insurer, including a corporate employer or insurer, may be represented before the department by counsel, an employee, or a corporate officer. Source: SL 2006, ch 271, §10.
SD Codified L § 62-2-22 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 02 - Administration Of Title|Section 62-2-22 - Findings, conclusions, and decision not admissible as evidence in separate proceeding.

62-2-22. Findings, conclusions, and decision not admissible as evidence in separate proceeding.Any finding of fact, conclusion of law, decision, or final order made in a small claims proceeding may not be used as evidence in any separate or subsequent action or proceeding between anyone in any tribunal, agency, or court 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 2006, ch 271, §11.