reglab/housing_qa huggingface dataset:
SD Codified L § 62-6-3 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 06 - Employers' Records And Reports|Section 62-6-3 - Insurer to file copy of injury report with department--Notice of denial of coverage by insurer or employer--Suspension, revocation, or refusal of authority for noncompliance.

62-6-3. Insurer to file copy of injury report with department--Notice of denial of coverage by insurer or employer--Suspension, revocation, or refusal of authority for noncompliance.The insurer shall file a copy of the report required by §62-6-2 with the Department of Labor and Regulation within ten days after receipt thereof.The insurer or, if the employer is self-insured, the employer, shall make an investigation of the claim and shall notify the injured employee and the department, in writing, within twenty days from its receipt of the report, if it denies coverage in whole or in part. This period may be extended not to exceed a total of thirty additional days by the department upon a proper showing that there is insufficient time to investigate the conditions surrounding the happening of the accident or the circumstances of coverage. If the insurer or self-insurer denies coverage in whole or in part, it shall state the reasons therefor and notify the claimant of the right to a hearing under §62-7-12. The director of the Division of Insurance, or the secretary of labor and regulation if the employer is self-insured, may suspend, revoke, or refuse to renew the certificate of authority, or may suspend or revoke all certificates of authority granted under Title 58 to any company or employer which fails, refuses, or neglects to comply with the provisions of this section. A company or employer which fails, refuses, or neglects to comply with the provisions of this section is also subject to an administrative fine of one hundred dollars payable to the Department of Labor and Regulation for each act of noncompliance, unless the company or employer had good cause for noncompliance. Source: SDC 1939, §64.0505; SL 1970, ch 281; SL 1980, ch 365, §2; SL 1994, ch 396, §15; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-6-4 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 06 - Employers' Records And Reports|Section 62-6-4 - Wage records of employees--Inspection by department, purposes.

62-6-4. Wage records of employees--Inspection by department, purposes.All books, records, and payrolls of employers coming under this title, showing and in any way referring to the amount of wage expenditure of such employer, shall always be open for inspection by the department or any of its representatives presenting a certificate of authority from the department, for the purpose of ascertaining the correctness of the wage expenditure, the number of employees, and such other information as may be necessary for the uses and purposes of the department in the administration of the provisions of this title. Source: SL 1917, ch 376, §43; RC 1919, §9479; SDC 1939, §64.0507.
SD Codified L § 62-6-5 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 06 - Employers' Records And Reports|Section 62-6-5 - Information confidential--Release to employee or public agency.

62-6-5. Information confidential--Release to employee or public agency.Information obtained within the contemplation of this title shall be used for no other purpose than for the information of the department or insurance company with reference to the duties imposed upon the department. However, the department may release information to an injured employee or the employee's attorney, to a social security or welfare office having a claim by the employee, or to any state or federal agency which rehabilitates persons with disabilities. The department may issue statistical information if individual claimants are not identified. Source: SL 1917, ch 376, §43; RC 1919, §9479; SDC 1939, §64.0507; SL 1970, ch 282; SL 2008, ch 278, §40.
SD Codified L § 62-6-6 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 06 - Employers' Records And Reports|Section 62-6-6 - Refusal to submit records for inspection--Penalty.

62-6-6. Refusal to submit records for inspection--Penalty.A refusal on the part of the employer to submit the employer's books, records, or payrolls for the inspection of the department, or its authorized representative presenting written authority from the department, subjects the employer to a penalty of twenty-five dollars for each offense, to be collected by a civil action in the name of the state and paid into the state treasury. Source: SL 1917, ch 376, §43; RC 1919, §9479; SDC 1939, §64.0507; SL 2008, ch 278, §41.
SD Codified L § 62-6-7 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 06 - Employers' Records And Reports|Section 62-6-7 - Demand for employee's work-related records--Production of records--Employee waiver of right to privacy.

62-6-7. Demand for employee's work-related records--Production of records--Employee waiver of right to privacy.An employer which complies with this title shall produce, if demanded by any employer or insurer against whom an injured employee has made a workers' compensation claim, the work-related records referring to its employee available for the fifty-two weeks preceding the employee's claimed dates of injury, such as:(1)The weeks in which the employee performed services;(2)The earnings the employee received for the services, as defined in subdivision 62-1-1(6);(3)Interruptions in employment if the employee was rehired or seasonally employed;(4)Changes in the employee's grade of employment;(5)The employee's job description; and(6)Federal or state tax deductions.The employer receiving this demand shall produce the employee's work-related records in ten business days, and may charge a fee for the production of the records. The fee for the production of the employee's work-related records may not exceed fifteen dollars.An employee waives any right to privacy to these work-related records when the employee makes a claim for workers' compensation benefits and the employee consents to the release of these work-related records to the employer or insurer against which the employee is making a claim for workers' compensation benefits. Source: SL 2016, ch 236, §5.
SD Codified L § 62-7-1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-1 - Compulsory medical examination of employee at request of employer.

62-7-1. Compulsory medical examination of employee at request of employer.An employee entitled to receive disability payments shall, if requested by the employer, submit himself or herself at the expense of the employer for examination to a duly qualified medical practitioner or surgeon selected by the employer, at a time and place reasonably convenient for the employee, as soon as practicable after the injury, and also one week after the first examination, and thereafter at intervals not oftener than once every four weeks. The examination shall be for the purpose of determining the nature, extent, and probable duration of the injury received by the employee, and for the purpose of ascertaining the amount of compensation which may be due the employee from time to time for disability according to the provisions of this title. Source: SL 1917, ch 376, §28; RC 1919, §9463; SDC 1939, §64.0508; SL 2008, ch 278, §42.
SD Codified L § 62-7-2 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-2 - Employee's physician present at examination--Copy of report to employee not employing physician.

62-7-2. Employee's physician present at examination--Copy of report to employee not employing physician.The examination provided by §62-7-1 shall be made in the presence of a duly qualified medical practitioner or surgeon employed and paid for by the employee, if the employee so desires. If the examination is made by a surgeon engaged by the employer and the injured employee has no surgeon present at the examination, the surgeon making the examination at the instance of the employer shall deliver to the injured employee, upon the employee's request or that of the employee's representative, a statement in writing of the condition and extent of the injury to the same extent that the surgeon reports to the employer. Source: SL 1917, ch 376, §28; RC 1919, §9463; SDC 1939, §64.0508; SL 2008, ch 278, §43.
SD Codified L § 62-7-3 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-3 - Refusing or obstructing examination--Suspension of compensation payments.

62-7-3. Refusing or obstructing examination--Suspension of compensation payments.If the employee refuses to submit himself or herself to examination pursuant to §62-7-1 or unnecessarily obstructs the examination, the employee's right to compensation payments shall be temporarily suspended until the examination takes place. No compensation is payable under this title for such period. Source: SL 1917, ch 376, §28; RC 1919, §9463; SDC 1939, §64.0508; SL 2008, ch 278, §44.
SD Codified L § 62-7-5 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-5 - Agreement as to compensation--Approval by department.

62-7-5. Agreement as to compensation--Approval by department.If the employer and employee reach an agreement in regard to the compensation under this title, a memorandum of the agreement shall be filed with the department by the employer or employee. Unless the department within twenty days notifies the employer and employee of its disapproval of the agreement by letter sent to their addresses as given in the memorandum filed, the agreement shall stand as approved and is enforceable for all purposes under the provisions of this title. Source: SL 1917, ch 376, §32; RC 1919, §9467; SDC 1939, §64.0509; SL 1991, ch 423, §2.
SD Codified L § 62-7-6 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-6 - Petition for lump-sum settlement--Hearing by and order of department--Beneficiaries excluded--Partial lump sum payment.

62-7-6. Petition for lump-sum settlement--Hearing by and order of department--Beneficiaries excluded--Partial lump sum payment.An employer or employee who desires to have any unpaid compensation paid in a lump sum may petition the Department of Labor and Regulation asking that the compensation be paid in that manner. If, upon proper notice to interested parties and proper showing before the department, it appears in the best interests of the employee that the compensation be paid in lump sum, the secretary of labor and regulation may order the commutation of the compensation to an equivalent lump-sum amount. That amount shall equal the total sum of the probable future payments capitalized at their present value on the basis of interest calculated at a rate per year set by the department with annual rests in accordance with rules promulgated pursuant to chapter 1-26. If there is an admission or adjudication of permanent total disability, the secretary may order payment of all or part of the unpaid compensation in a lump sum under the following circumstances:(1)If the employee has exceptional financial need that arose as a result of reduced income due to the injury; or(2)If necessary to pay the attorney's fees, costs and expenses approved by the department under §62-7-36.If a partial lump sum payment is made, the amount of the weekly benefit shall be reduced by the same percentage that the partial lump sum bears to the total lump sum computation. The remaining weekly benefit is subject to the cost of living allowance provided by §62-4-7. Any compensation due to beneficiaries under §§62-4-12 to 62-4-22, inclusive, may not be paid in a lump sum, except for the remarriage lump sum provided in §62-4-12. Source: SDC 1939, §64.0510; SL 1945, ch 355; SL 1951, ch 469; SL 1977, ch 421, §3; SL 1978, ch 370, §18; SL 1983, ch 28, §68; SL 1993, ch 375, §§39B, 42; SL 1993, ch 379, §4; SL 1994, ch 401; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-7-7 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-7 - Appointment of conservator or administrator in connection with lump-sum settlement.

62-7-7. Appointment of conservator or administrator in connection with lump-sum settlement.If necessary, upon proper application being made, a conservator or administrator, as the case may be, may be appointed for any person under disability who may be entitled to any compensation under this title, and an employer bound by the terms of this title and liable to pay such compensation may petition for the appointment of an administrator or conservator, if no legal representative has been appointed or is acting for such party or parties so under disability. Source: SL 1917, ch 376, §25; RC 1919, §9460; SDC 1939, §64.0510; SL 1945, ch 355; SL 1951, ch 469; SL 1993, ch 213, §263.
SD Codified L § 62-7-8 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-8 - Fees for health services subject to approval--Excessive fees or services.

62-7-8. Fees for health services subject to approval--Excessive fees or services.Except as otherwise provided, fees for health services, including hospital services, depositions, and reproduction of medical and hospital information, under this title are subject to approval of the department. The department shall, by rule promulgated pursuant to chapter 1-26, establish standards and procedures for determining if charges for health services, including hospital services are excessive and for determining if a provider of health services is performing procedures or providing services at a level or with a frequency that is excessive. The department shall consult with the examining boards of all providers in establishing such standards and procedures. For services rendered by an out-of-state provider, any fee that exceeds the maximum allowed by the fee schedule of the state where service was provided is deemed excessive. No provider of health services, including hospital services, may enforce any judgment against, or collect or attempt to collect from, the employee, the employer, or the employer's insurer any amount in excess of the amount established by the applicable fee schedule or approved under the provisions of this section.  Source: SDC 1939, §64.0511; SL 1968, ch 270; SL 1992, ch 364, §6; SL 1993, ch 381, §4; SL 1995, ch 296, §16; SL 1996, ch 307, §1; SL 2010, ch 249, §1.
SD Codified L § 62-7-8.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-8.1 - Ability to pay for health care--Impermissible basis for higher fees--Misdemeanor.

62-7-8.1. Ability to pay for health care--Impermissible basis for higher fees--Misdemeanor.No health care provider may charge a higher price for goods, care or services rendered to an injured worker who is eligible for workers' compensation benefits based on the ability of the employer or the insurer to pay for such goods, care or services. A violation of this section is a Class 1 misdemeanor. Source: SL 1991, ch 422.
SD Codified L § 62-7-10 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-10 - Notice to employer of injury--Condition precedent to compensation.

62-7-10. Notice to employer of injury--Condition precedent to compensation.An employee who claims compensation for an injury shall immediately, or as soon thereafter as practical, notify the employer of the occurrence of the injury. Written notice of the injury shall be provided to the employer no later than three business days after its occurrence. The notice need not be in any particular form but must advise the employer of when, where, and how the injury occurred. Failure to give notice as required by this section prohibits a claim for compensation under this title unless the employee or the employee's representative can show:(1)The employer or the employer's representative had actual knowledge of the injury; or(2)The employer was given written notice after the date of the injury and the employee had good cause for failing to give written notice within the three business-day period, which determination shall be liberally construed in favor of the employee. Source: SDC 1939, §64.0601; SL 1994, ch 396, §12.
SD Codified L § 62-7-12 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-12 - Failure to reach agreement as to compensation--Hearing by department.

62-7-12. Failure to reach agreement as to compensation--Hearing by department.If the employer and injured employee or the employee's representative or dependents fail to reach an agreement in regard to compensation under this title, either party may notify the Department of Labor and Regulation and request a hearing according to rules promulgated pursuant to chapter 1-26 by the secretary of labor and regulation. The department shall fix a time and place for the hearing and shall notify the parties. Source: SL 1917, ch 376, §33; RC 1919, §9468; SDC 1939, §64.0603; SL 1983, ch 22, §22; SL 1993, ch 375, §44; SL 2008, ch 278, §45; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-7-12.1 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-12.1 - Hearing officer to be licensed attorney.

62-7-12.1. Hearing officer to be licensed attorney.Any employee of the Department of Labor and Regulation who conducts hearings for workers' compensation claims pursuant to the department's authority to conduct such hearing shall be an attorney, licensed to practice law in South Dakota. Source: SL 1973, ch 2, §95; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
SD Codified L § 62-7-12.2 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-12.2 - Informal request for disqualification of hearing examiner.

62-7-12.2. Informal request for disqualification of hearing examiner.In any contested case arising under the provisions of Title 62, any party, in person or by counsel, may informally request the hearing examiner who, in the ordinary course, would hear the contested case, to disqualify himself or herself. The requesting party may, but is not obligated to, state reasons for the request. The informal request may be by letter, by oral communication, or by motion not later than twenty days after notice of the appointment of the hearing examiner to the case. The opposing parties shall be apprised of the request, but may not contest the request. The director of the division shall grant the request and forthwith provide for the appointment of another hearing examiner. Neither party may request disqualification more than once on any case. Source: SL 1996, ch 308.
SD Codified L § 62-7-13 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-13 - Hearing by department--Place of holding--Decision, filing and service.

62-7-13. Hearing by department--Place of holding--Decision, filing and service.The department may make such inquiries and investigations it deems necessary. The hearings of the department shall be in a place which the department determines to be convenient to the parties and to the witnesses. A record of the proceedings at the hearing shall be kept, the expense of the record to be borne by the department. The department shall file its decision, its findings of fact, and conclusions of law and shall serve the same on the parties forthwith by dispatching a copy addressed to each party or the party's attorney by mail, postage paid. Source: SDC 1939, §64.0604; SL 1991, ch 423, §1; SL 1999, ch 261, §10.
SD Codified L § 62-7-14 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-14 - Appointment of impartial medical examiner--Fee.

62-7-14. Appointment of impartial medical examiner--Fee.The department may appoint a duly qualified and impartial physician to examine the injured employee and make a report. The fee for this service shall be paid by the insurer or self-insured employer, together with traveling expenses, and the amount of such fee shall be subject to approval by the secretary of the department. Source: SL 1917, ch 376, §37; RC 1919, §9472; SDC 1939, §64.0605; SL 1993, ch 381, §2.
SD Codified L § 62-7-15 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-15 - Hearing by department--Fees and mileage of witnesses--Taxation of costs.

62-7-15. Hearing by department--Fees and mileage of witnesses--Taxation of costs.The fees and mileage for attending as a witness before the department shall be the same as allowed in circuit court. All costs incurred in the hearing before the department may be taxed against the losing party or an equitable apportionment made thereof by the department according to the facts. Source: SL 1917, ch 376, §§31, 38; RC 1919, §§9466, 9473; SDC 1939, §64.0606.
SD Codified L § 62-7-16 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-16 - Petition for review of decision of department--Revision or affirmance.

62-7-16. Petition for review of decision of department--Revision or affirmance.Any party to proceedings before the department may within ten days after service upon the party of a decision of the department, as provided in §62-7-13, file with the department a petition for a review of the decision. Upon the filing of the petition the secretary may either deny the petition or direct that further hearing be had or additional evidence received. In the event of the further hearing or of the receipt of additional evidence, the secretary may revise his or her decision in whole or in part or affirm the same. Notice of denial of the petition or any other order thereon shall be given as provided in §62-7-13. Source: SDC 1939, §64.0607; SL 2008, ch 278, §46.
SD Codified L § 62-7-17 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-17 - Appeal from decision of department without petition for review.

62-7-17. Appeal from decision of department without petition for review.Any party may elect to treat as final the decision of the department made as provided in §62-7-13 and appeal therefrom without making any petition for review, in which event the decision provided for in §62-7-13 shall be treated as the final decision of the department and subject to appeal. Source: SDC 1939, §64.0607.
SD Codified L § 62-7-18 (2021)
2021 South Dakota Codified Laws|Title 62 - Workers' Compensation|Chapter 07 - Claims Procedure|Section 62-7-18 - Decision of department not final until determination of petition for review.

62-7-18. Decision of department not final until determination of petition for review.If a petition for a review is filed as provided in §62-7-16, it may not be deemed that the department has made a final decision until there is a final determination on the petition. The final determination shall in that event be deemed the final decision of the department and subject to appeal. Source: SDC 1939, §64.0607; SL 2008, ch 278, §47.