reglab/housing_qa huggingface dataset:
SD Codified L § 62-3-1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-1 - Measure of responsibility assumed by employer.

62-3-1. Measure of responsibility assumed by employer.The compensation provided by this title is the measure of responsibility which the employer has assumed for injuries to or death of any employee. Source: SL 1917, ch 376, §27; RC 1919, §9462; SDC 1939, §64.0103; SL 2008, ch 278, §4.
SD Codified L § 62-3-2 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-2 - Rights and remedies of employees limited.

62-3-2. Rights and remedies of employees limited.The rights and remedies granted to an employee subject to this title, on account of personal injury or death arising out of and in the course of employment, shall exclude all other rights and remedies of the employee, the employee's personal representatives, dependents, or next of kin, on account of such injury or death against the employer or any employee, partner, officer, or director of the employer, except rights and remedies arising from intentional tort. Source: SL 1917, ch 376, §5; RC 1919, §9440; SDC 1939, §64.0104; SL 1977, ch 422; SL 1978, ch 370, §2; SL 2008, ch 278, §5.
SD Codified L § 62-3-3 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-3 - Employer and employee bound by provisions of title--Exceptions.

62-3-3. Employer and employee bound by provisions of title--Exceptions.Every employer and employee shall be presumed to have accepted the provisions of this title, and shall be thereby bound, whether injury or death resulting from such injury occurs within this state or elsewhere, except as provided by §§62-3-4 to 62-3-5.1, inclusive. Source: SL 1917, ch 376, §§2, 18; RC 1919, §§9437, 9453; SDC 1939, §64.0105; SL 1971, ch 279, §1; SL 1978, ch 370, §3.
SD Codified L § 62-3-4 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-4 - Employment covered by federal compensation law not subject to title.

62-3-4. Employment covered by federal compensation law not subject to title.Other than chapter 62-6, this title does not apply to any employee engaged in interstate or foreign commerce, or to any such employee's employer, in any case where the laws of the United States provide for compensation, or for liability for injury or death by accident of the employee. Source: SL 1917, ch 376, §17; RC 1919, §9452; SDC 1939, §64.0105 (1); SL 2008, ch 278, §6.
SD Codified L § 62-3-5 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-5 - Security required for acceptance of title.

62-3-5. Security required for acceptance of title.No employer other than the state, a municipality, or other political subdivision of this state may be deemed to have accepted the provisions of this title unless the employer has complied with the provisions of §§62-5-1 to 62-5-5, inclusive. Source: SDC 1939, §64.0105 (2); SL 2008, ch 278, §7.
SD Codified L § 62-3-5.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-5.1 - Notice by corporate officer rejecting coverage--Withdrawal of rejection.

62-3-5.1. Notice by corporate officer rejecting coverage--Withdrawal of rejection.Section 62-3-3 does not apply to an executive officer of a corporation who, at the time of the officer's election or appointment, or more than thirty days prior to the officer's injury or death or, in the case of chapter 62-8, thirty days prior to contracting or incurring any occupational disease, serves upon the corporation, personally or by certified mail, written notice of election to reject the provisions of this title. The rejection may be withdrawn by the officer by serving a written notice in the same manner upon the corporation more than thirty days prior to the officer's injury or death or, in the case of chapter 62-8, thirty days prior to contracting or incurring any occupational disease. Source: SDCL §62-3-3 as added by SL 1971, ch 279, §1; SL 1978, ch 370, §4; SL 2008, ch 278, §8.
SD Codified L § 62-3-10 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-10 - Liability to subcontractor's employee.

62-3-10. Liability to subcontractor's employee.A principal, intermediate, or subcontractor is liable for compensation to any employee injured while in the employ of any subcontractor and engaged upon the subject matter of the contract, to the same extent as the immediate employer. Any principal, intermediate, or subcontractor who pays compensation under the provisions of this section may recover the amount paid from any person, who, independently of this section, would have been liable to pay compensation to the injured employee. Each claim for compensation under this section shall in the first instance be presented to and instituted against the immediate employer, but such proceeding does not constitute a waiver of the employee's rights to recover compensation under this title from the principal or intermediate contractor. However, the collection of full compensation from one employer bars recovery by the employee against any others. The employee may not collect from all a total compensation in excess of the amount for which any contractor is liable. This section applies only in cases where the injury occurred on, in, or about the premises on which the principal contractor has undertaken to execute work or which are otherwise under the contractor's control or management. Source: SL 1917, ch 376, §12; RC 1919, §9447; SDC 1939, §64.0108; SL 2008, ch 278, §9.
SD Codified L § 62-3-11 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-11 - Election to proceed against employer--Options.

62-3-11. Election to proceed against employer--Options.Any employee, who is employed by an employer who is deemed not to operate under this title in accordance with §62-5-7, or the dependents of such deceased employee, may elect to proceed against the employer in any action at law to recover damages for personal injury or death; or may elect to proceed against the employer in circuit court under the provisions of this title, as if the employer had elected to operate thereunder by complying with §§62-5-1 to 62-5-5, inclusive. The measure of benefits shall be that provided by §62-4-1 plus twice the amount of other compensation allowable under this title. However, no employee nor any dependent of the employee may recover from both actions. Source: SL 1917, ch 376, §9; RC 1919, §9444; SDC 1939, §64.0109; SL 1971, ch 279, §6; SL 1974, ch 333, §2; SDCL Supp, §62-3-11.2; SL 1977, ch 421, §5; SL 2008, ch 278, §10.
SD Codified L § 62-3-13 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-13 - Penalty for failure to perform statutory duty unaffected.

62-3-13. Penalty for failure to perform statutory duty unaffected.Nothing in this title may be construed to relieve any employer or employee from any penalty imposed for failure or neglect to perform any statutory duty in connection with such employment. Source: SL 1917, ch 376, §6; RC 1919, §9441; SDC 1939, §64.0111; SL 2008, ch 278, §11.
SD Codified L § 62-3-14 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-14 - Reciprocity with other states.

62-3-14. Reciprocity with other states.In any case where another state shall recognize workers' compensation coverage pursuant to the provisions of the South Dakota law as meeting the requirements of workers' compensation coverage under the laws of that state, reciprocity shall be granted worker's compensation coverage pursuant to the foreign law in this state. Source: SDC 1939, §64.0113 as enacted by SL 1951, ch 466.
SD Codified L § 62-3-15 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-15 - Exemption of domestics, agricultural laborers or workfare participants.

62-3-15. Exemption of domestics, agricultural laborers or workfare participants.Except as provided in §§28-1-59, 62-3-16, and 62-3-17, this title does not apply to:(1)Domestic servants unless working for an employer for more than twenty hours in any calendar week and for more than six weeks in any thirteen-week period; or(2)Farm or agricultural laborers; or(3)Work activity participants. Source: SDC 1939, §64.0201; SL 1974, ch 333, §5; SL 1975, ch 323, §1; SL 1982, ch 202, §2B; SL 1997, ch 166, §26.
SD Codified L § 62-3-16 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-16 - Agricultural work subject to title--Liability insurance required.

62-3-16. Agricultural work subject to title--Liability insurance required.The provisions of this title, not inconsistent with the provisions of this section, apply to the business of operating threshing machines, grain combines, corn shellers, cornhuskers, shredders, silage cutters, and seed hullers for profit, but do not apply to the operation of any thereof by the owner thereof for the threshing, combining, corn shelling, cornhusking, shredding, silage cutting, or seed hulling of the owner's grain crops, nor to any operations in the nature of exchange of work between farmers, nor to persons who are not generally engaged in the operation of such machines for commercial purposes. Before any person engaging in such business, and being under the provisions of this title, shall operate any such machine, the person shall secure liability under this title as provided in §§62-5-1 to 62-5-5, inclusive. Any contract by any such person for threshing or combining of any grain, corn shelling, cornhusking, shredding, silage cutting, and seed hulling by machinery without first having procured and filed such policy or such certificate, is null and void, and no compensation is recoverable under the contract. Source: SL 1919, ch 362; SL 1921, ch 423; SL 1931, ch 269; SDC 1939, §64.0201; repealed SL 1974, ch 333, §7; re-enacted SL 1975, ch 323, §2; SL 2008, ch 278, §12.
SD Codified L § 62-3-17 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-17 - Voluntary waiver of exemption by insuring liability.

62-3-17. Voluntary waiver of exemption by insuring liability.As to any employee excepted under §62-3-15, the employer may place himself or herself under the provisions of this title by voluntarily insuring his or her liability as provided in §§62-5-1 to 62-5-5, inclusive. Source: SL 1923, ch 312; SDC 1939, §64.0201; SL 1974, ch 333, §6; SL 2008, ch 278, §13.
SD Codified L § 62-3-18 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 03 - Covered Employment And Employer's Responsibility|Section 62-3-18 - Obligation created by title not waived by contract.

62-3-18. Obligation created by title not waived by contract.No contract or agreement, express or implied, no rule, regulation, or other device, may in any manner operate to relieve any employer in whole or in part of any obligation created by this title except as provided by this title. Source: SL 1917, ch 376, §13; RC 1919, §9448; SDC 1939, §64.0302; SL 2008, ch 278, §14.
SD Codified L § 62-4-1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-1 - Medical and hospital expense.

62-4-1. Medical and hospital expense.The employer shall provide necessary first aid, medical, surgical, and hospital services, or other suitable and proper care including medical and surgical supplies, apparatus, artificial members, and body aids during the disability or treatment of an employee within the provisions of this title. Repair or replacement of damaged prosthetic devices is compensable and is considered a medical service under this section if the devices were damaged or destroyed in a work related accident. Repair or replacement of damaged hearing aids, dentures, prescription eyeglasses, eyeglass frames, or contact lenses is considered a medical service under this section if the hearing aids, dentures, prescription eyeglasses, eyeglass frames, or contact lenses were damaged or destroyed in an accident which also causes another injury which is compensable under this law. The employee shall have the initial selection to secure the employee's own physician, surgeon, or hospital services at the employer's expense. If the employee selects a health care provider located in a community not the home or workplace of the employee, and a health care provider is available to provide the services needed by the employee in the local community or in a closer community, no travel expenses need be paid by the employer or the employer's insurer. Source: SDC 1939, §64.0401; SL 1939, ch 297, §1; SL 1943, ch 314; SL 1949, ch 442; SL 1951, ch 468; SL 1959, ch 455; SL 1963, ch 458; SL 1965, ch 305; SL 1969, ch 285; SL 1970, ch 277; SL 1971, ch 280; SL 1973, ch 310, §1; SL 1989, ch 451, §1; SL 1990, ch 416, §1; SL 1993, ch 375, §39A; SL 1993, ch 381, §1; SL 1999, ch 261, §4.
SD Codified L § 62-4-1.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-1.1 - Employer's duties upon receipt of medical bill.

62-4-1.1. Employer's duties upon receipt of medical bill.Within thirty days after receiving a properly submitted bill for medical payments, the employer shall:(1)Pay the charge or any portion of the bill that is not denied;(2)Deny all or a portion of the bill on the basis that the injury is not compensable, or the service or charge is excessive or not medically necessary; or(3)Request additional information to determine whether the charge or service is excessive or not medically necessary or whether the injury is compensable. Source: SL 2008, ch 279, §1.
SD Codified L § 62-4-1.2 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-1.2 - Fine for noncompliance.

62-4-1.2. Fine for noncompliance.An employer that fails, refuses, or neglects to comply with the provisions of §62-4-1.1 is subject to a administrative fine of five hundred dollars payable to the Department of Labor and Regulation for each act of noncompliance, unless the employer had good cause for noncompliance. The department may promulgate rules pursuant to chapter 1-26 to establish standards for medical bill submissions pursuant to §62-4-1.1. Source: SL 2008, ch 279, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-4-1.3 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-1.3 - Release of medical records.

62-4-1.3. Release of medical records.Upon the request of an employer, an employee subject to this title shall supply a signed medical release to allow copying of any medical record and report relevant to the employee's claim for workers' compensation. If the employee objects to the relevance of any medical record or report, an administrative law judge within the department shall, upon a showing of good cause for the release of such record or report, approve the release of the medical record or report relevant to the employee's claim, to the employer. The employer shall, upon request, provide a copy of all medical records and reports received, to the employee, without cost to the employee. Source: SL 2008, ch 279, §3.
SD Codified L § 62-4-2 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-2 - Waiting period for temporary disability benefits.

62-4-2. Waiting period for temporary disability benefits.No temporary disability benefits may be paid for an injury which does not incapacitate the employee for a period of seven consecutive days. If the seven day waiting period is met, benefits shall be computed from the date of the injury. Source: SDC 1939, §64.0403(1); SL 1939, ch 297, §2; SL 1947, ch 424, §2; SL 1949, ch 443; SL 1953, ch 486, §1; SL 1957, ch 494, §1; SL 1959, ch 457, §1; SL 1963, ch 460, §1; SL 1966, ch 264, §1; SL 1968, ch 268; SL 1972, ch 270; SL 1974, ch 334; SL 1984, ch 340; SL 1994, ch 396, §16.
SD Codified L § 62-4-3 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-3 - Amount of temporary total disability compensation.

62-4-3. Amount of temporary total disability compensation.The amount of temporary total disability compensation paid to an employee for an injury is equal to sixty-six and two-thirds percent of the employee's earnings, but not more than one hundred percent computed to the next higher multiple of one dollar of the average weekly wage in the state as defined in §62-4-3.1 per week and not less than one-half of the foregoing percentages of the average weekly wage of the state per week. However, if an employee earned less than fifty percent of the maximum allowable amount per week, the amount of compensation may not exceed one hundred percent of the employee's earnings calculated after the earnings have been reduced by any deduction for federal or state taxes, or both, and for the Federal Insurance Contributions Act made from such employee's total wages received during the period of calculation of the employee's earnings. Source: SDC 1939, §64.0403(1); SL 1939, ch 297, §2; SL 1947, ch 424, §2; SL 1949, ch 443; SL 1953, ch 486, §1; SL 1957, ch 494, §1; SL 1959, ch 457, §1; SL 1963, ch 460, §1; SL 1966, ch 264, §1; SL 1968, ch 268; SL 1970, ch 278; SL 1971, ch 281; SL 1972, ch 271; SL 1973, ch 309, §1; SL 1976, ch 322, §1; SL 1978, ch 370, §5; SL 1984, ch 341; SL 1996, ch 307, §3.
SD Codified L § 62-4-3.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-3.1 - Annual computation of average weekly wage in state--Period for which applied.

62-4-3.1. Annual computation of average weekly wage in state--Period for which applied.For the purpose of §62-4-3 the average weekly wage in the state shall be determined by the Department of Labor and Regulation as follows: On or before June first of each year, the total wages reported on contribution reports to the agency administering the Employment Security Act for the preceding calendar year shall be divided by the average monthly number of insured workers (determined by dividing the total insured workers reported for the preceding year by twelve). The average annual wage thus obtained shall be divided by fifty-two and the average weekly wage thus determined rounded to the nearest cent. The average weekly wage so determined shall apply to injuries and disablements in the case of disease which occur within the fiscal year commencing July first following the June first determination and shall be applicable for the full period during which weekly benefits are payable, except as provided in §62-7-33. Source: SL 1973, ch 309, §2; SL 1981, ch 373; SL 1993, ch 383, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-4-5 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-5 - Compensation for partial disability.

62-4-5. Compensation for partial disability.If, after an injury has been sustained, the employee as a result thereof becomes partially incapacitated from pursuing the employee's usual and customary line of employment, or if the employee has been released by the employee's physician from temporary total disability and has not been given a rating to which §62-4-6 would apply, the employee shall receive compensation, subject to the limitations as to maximum amounts fixed in §62-4-3, equal to one-half of the difference between the average amount which the employee earned before the accident, and the average amount which the employee is earning or is able to earn in some suitable employment or business after the accident. If the employee has not received a bona fide job offer that the employee is physically capable of performing, compensation shall be at the rate provided by §62-4-3. However, in no event may the total calculation be less than the amount the claimant was receiving for temporary total disability, unless the claimant refuses suitable employment. Source: SDC 1939, §64.0403 (3); SL 1963, ch 460, §2; SL 1969, ch 286; SL 1971, ch 282; SL 1978, ch 370, §7; SL 1993, ch 379, §2; SL 1995, ch 296, §8; SL 1999, ch 261, §5.
SD Codified L § 62-4-5.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 04 - Compensation For Injury Or Death|Section 62-4-5.1 - Compensation during period of rehabilitation--Procedure.

62-4-5.1. Compensation during period of rehabilitation--Procedure.If an employee suffers disablement as defined by subdivision 62-8-1(3) or an injury and is unable to return to the employee's usual and customary line of employment, the employee shall receive compensation at the rate provided by §62-4-3 up to sixty days from the finding of an ascertainable loss if the employee is actively preparing to engage in a program of rehabilitation as shown by a certificate of enrollment. Moreover, once such employee is engaged in a program of rehabilitation which is reasonably necessary to restore the employee to suitable, substantial, and gainful employment, the employee shall receive compensation at the rate provided by §62-4-3 during the entire period that the employee is engaged in such program. Evidence of suitable, substantial, and gainful employment, as defined by §62-4-55, shall only be considered to determine the necessity for a claimant to engage in a program of rehabilitation.The employee shall file a claim with the employee's employer requesting such compensation and the employer shall follow the procedure specified in chapter 62-6 for the reporting of injuries when handling such claim. If the claim is denied, the employee may petition for a hearing before the department. Source: SL 1974, ch 333, §4; SL 1978, ch 370, §8; SL 1989, ch 451, §2; SL 1990, ch 30, §20; SL 1994, ch 396, §9; SL 1998, ch 299, §1.