reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-9 - Issuance of policy to employer--Certification to department.

62-5-9. Issuance of policy to employer--Certification to department.
If any insurance company operating under this chapter issues a policy of workers' compensation insurance to any employer, the company writing the insurance shall file a certificate thereof with the department.
Source:
SDC 1939, §64.0506; SL 2008, ch 278, §38.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-10 - Surety for performance required for self-insurers--Irrevocable trust.

62-5-10. Surety for performance required for self-insurers--Irrevocable trust.
An employer seeking permission to be a self-insurer, or seeking renewal of its permission to be a self-insurer, shall furnish to the department, on a form required by the department, a bond, written by a surety company authorized by the division of insurance to write surety bonds, or cash, or a certificate of deposit, or approved government securities, or an irrevocable letter of credit, or an irrevocable trust, alone or in any combination, in a total amount equal to the greater of:
(1)Two hundred fifty thousand dollars; or
(2)Twice the amount of compensation and medical claims paid by the employer during the preceding calendar year; or
(3)The amount designated by the employer as a reserve for workers' compensation and medical claims.
The irrevocable trust as used in this section must be with a bank or trust company authorized to exercise trust powers under the laws of this state or the United States. The trust shall authorize distribution solely to the department if the employer defaults on its obligations under Title 62, or to the employer if the employer is no longer self-insured under the provisions of Title 62 to the extent the department determines that the security is not necessary, or to the employer if the employer complies with another method authorized by this section.
Source:
SL 1989, ch 453, §1; SL 1994, ch 400.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-11 - Requirements for acceptance of irrevocable letter of credit--Definitions.

62-5-11. Requirements for acceptance of irrevocable letter of credit--Definitions.
As used in §§62-5-10 to 62-5-16, inclusive, an irrevocable letter of credit shall be accepted only if it is clean, irrevocable, and contains an evergreen clause.
Terms used in §§62-5-10 to 62-5-16, inclusive, mean:
(1)"Clean," a letter of credit that is not conditioned on the delivery of any other documents or materials;
(2)"Irrevocable," a letter of credit that cannot be modified or revoked without the consent of the beneficiary, once the beneficiary is established;
(3)"Evergreen clause," a clause specifically stating that the expiration of a letter of credit will not take place without a sixty-day notice by the issuer. If prior notice of expiration is not given by the issuer, the letter of credit is automatically extended for one year.
A clean irrevocable letter of credit shall be accepted only if it is in the form prescribed by §§62-5-10 to 62-5-16, inclusive, and is issued by a financial institution that is authorized to engage in banking in any of the fifty states or under the laws of the United States and whose business is substantially confined to banking, and that has a long-term debt rating by a recognized national rating agency of investment grade or better. If no long-term debt rating is available, the financial institution shall have the equivalent investment grade financial characteristics.
Source:
SL 1989, ch 453, §3; SL 2017, ch 219, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-12 - Deposit of surety bonds, letters of credit, etc.

62-5-12. Deposit of surety bonds, letters of credit, etc..
Surety bonds, irrevocable letters of credit, and documents showing issuance of any irrevocable letter of credit shall be deposited with, and, unless specified by statute, in a form approved by the department.
Source:
SL 1989, ch 453, §4.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-13 - Deposit of certificate of deposit or government securities.

62-5-13. Deposit of certificate of deposit or government securities.
Certificates of deposit or approved government securities shall be deposited on behalf of the department by the self-insured employer with the state treasurer or a financial institution approved by the department. Certificates of deposit or approved government securities shall be accepted by the state treasurer for deposit and shall be withdrawn only upon written order of the secretary of the Department of Labor and Regulation. Interest or gains earned on any certificate security, or deposit shall be paid to the self-insurer at least annually.
Source:
SL 1989, ch 453, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-14 - Deposit and withdrawal of cash.

62-5-14. Deposit and withdrawal of cash.
Cash shall be deposited in a financial institution approved by the department, and in the account assigned to the state treasurer. Cash shall be withdrawn only upon written order of the secretary of the Department of Labor and Regulation.
Source:
SL 1989, ch 453, §6; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-15 - Perfected security interest in deposit--Release of security interest.

62-5-15. Perfected security interest in deposit--Release of security interest.
Upon the secretary sending a request to renew, request to post, or request to increase a security deposit to the maximum amount permitted by §§62-5-10 to 62-5-16, inclusive, a perfected security interest is created in the private self-insured's assets in favor of the secretary to the extent of any then unsecured portion of the self-insured's incurred liabilities for workers' compensation claims. That perfected security interest is transferred to any cash or securities thereafter posted by the private self-insured with the state treasurer or other financial institution and is released only upon:
(1)The acceptance by the secretary of a surety bond, certificate of deposit, or irrevocable letter of credit for the full amount of the incurred liabilities for the payment of compensation; or
(2)The return of cash or securities by the secretary.
The private self-insured employer loses all right and title in and any right to control all assets or obligations posted or placed on deposit as security. In the event of a declaration of bankruptcy or insolvency by a court of competent jurisdiction the secretary may liquidate the deposit for application to the self-insured employer's incurred liability.
Source:
SL 1989, ch 453, §7; SL 2017, ch 219, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-16 - Claims administration contracts.

62-5-16. Claims administration contracts.
The secretary of the Department of Labor and Regulation may contract with any person, firm, or corporation qualified to administer claims of self-insured employers with respect to adjustment, administration, and management of workers' compensation claims for any self-insured employer. Costs of such claims administration shall be paid from the security deposit.
Source:
SL 1989, ch 453, §9; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-18 - Reduction of premium where employer selects a policy with a deductible.

62-5-18. Reduction of premium where employer selects a policy with a deductible.
Any employer may agree, as a condition of the employer's contract for the insurance of compensation and benefits as provided in Title 62, to pay an amount specified in the contract per claim toward the total amount of any claim payable under workers' compensation. The amount of premium to be paid by an employer who selects a policy with a deductible shall be reduced based upon a rating schedule or rating plan filed with and approved by the director of insurance. Administration of claims shall remain with the insurer as provided in the terms and conditions of its policy.
Source:
SL 1990, ch 418, §1; SL 1991, ch 421, §1; SL 2008, ch 278, §39.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-19 - Deductible does not affect reporting requirements.

62-5-19. Deductible does not affect reporting requirements.
The existence of an insurance contract with a deductible or the fact of payment as a result of a deductible does not affect the requirement of an employer to report an injury or death as required in §62-6-2.
Source:
SL 1990, ch 418, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-20 - Insurer to pay entire loss--Employer to reimburse deductible amount.

62-5-20. Insurer to pay entire loss--Employer to reimburse deductible amount.
If an insured employer chooses a deductible, the insured employer is liable for the amount of the deductible paid for each claim of injury suffered by an employee. The insurer shall pay the entire cost of the employee's loss and then seek reimbursement from the insured employer for the amount of the deductible.
Source:
SL 1990, ch 418, §3; SL 1991, ch 421, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-21 - Provision of medical services and health care.

62-5-21. Provision of medical services and health care.
Any self-insured employer shall provide medical services and health care to injured workers for compensable injuries and diseases under a case management plan that meets the requirements established by rules promulgated by the Department of Labor and Regulation pursuant to chapter 1-26.
Source:
SL 1993, ch 381, §6; SL 1995, ch 298; SL 2000, ch 254, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 06 - Employers' Records And Reports › Section 62-6-1 - Record of injuries sustained by employees--Copy to employee--Failure as misdemeanor.

62-6-1. Record of injuries sustained by employees--Copy to employee--Failure as misdemeanor.
Every employer coming under the provisions of this title shall keep a record of all injuries, fatal or otherwise, sustained by the employer's employees in the course of their employment. The record shall be completed within seven calendar days, not counting Sundays and legal holidays, after any employer has knowledge of the occurrence of an injury. The record shall be on a form approved by the Department of Labor and Regulation. The employer shall preserve the record for a period of at least four years from the date of injury. The record shall be signed by the employer and a copy given to the injured employee. Any employer who fails to complete or maintain the injury records required by this section is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §64.0505; SL 1983, ch 387, §2; SL 1999, ch 261, §8; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 06 - Employers' Records And Reports › Section 62-6-2 - Employer's report of injury--Failure to report as misdemeanor.

62-6-2. Employer's report of injury--Failure to report as misdemeanor.
An employer covered by the provisions of this title who has knowledge of an injury that requires medical treatment other than minor first aid or that incapacitates the employee for seven or more calendar days shall file a written report with:
(1)The Department of Labor and Regulation when the employer is self-insured under §62-5-5; or
(2)The employer's insurer when the employer has insured the liability under §62-5-2 or 62-5-3.
The report shall be filed within seven calendar days, not counting Sundays and legal holidays, after the employer has knowledge of the injury, unless the employer had good cause for failing to file the written report within the seven-day period. The report shall be made on a form approved by the Department of Labor and Regulation. Any employer who fails to file a report as required by this section is guilty of a Class 2 misdemeanor and is subject to an administrative fine of one hundred dollars payable to the Department of Labor and Regulation.
Source:
SDC 1939, §§64.0505, 64.9901; SL 1970, ch 280; SL 1978, ch 359, §9; SL 1980, ch 365, §1; SL 1983, ch 387, §1; SL 1994, ch 396, §14; SL 1999, ch 261, §9; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-19 - Appeals to circuit court.

62-7-19. Appeals to circuit court.
Any employer or employee may appeal to the circuit court pursuant to chapter 1-26 from any final order or decision of the Department of Labor and Regulation which arises under the provisions of this title. Upon any appeal under this section all intermediate orders or decisions affecting substantial rights may be reviewed.
Source:
SL 1917, ch 376, §54; Rules of Court 1919, Part 3, Rule 1; RC 1919, §9489; SDC 1939, §64.0701; SL 1973, ch 313, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-30 - Notice or orders--Method of service.

62-7-30. Notice or orders--Method of service.
All notices or orders provided for in this chapter may be served personally or by registered or certified mail. If served by registered or certified mail, proof by affidavit thereof shall be accompanied by post office return receipt. If, however, any party is represented by an attorney, the service shall be made on the attorney, and may be made either in the manner provided in this section, or in the manner provided by §15-6-5.
Source:
Rules of Court 1919, Part 3, Rule 14; SDC 1939, §64.0708; SL 2008, ch 278, §48.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-31 - Judgment taken on memorandum of agreement or portion of order or decision.

62-7-31. Judgment taken on memorandum of agreement or portion of order or decision.
Any party in interest may, after expiration of the time for a petition for review or appeal, present a memorandum of agreement, approved by the department, or a certified copy of any portion of an order or decision of the department from which no petition for review or appeal has been filed, together with all papers in connection with the case, to the circuit court for the county in which the injury occurred. Thereupon the court shall render a judgment in accordance with the memorandum of agreement or portion of any order or decision of the department from which no petition for review has been filed, and the court shall notify the parties. The judgment shall have the same effect and in all proceedings in relation thereto be the same as though rendered in an action duly heard and determined by the court except that no appeal may be made on questions of fact.
Source:
SL 1917, ch 376, §40; RC 1919, §9475; SDC 1939, §64.0608; SL 2007, ch 299, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-32 - Modification or revocation of judgment taken on award or memorandum of agreement.

62-7-32. Modification or revocation of judgment taken on award or memorandum of agreement.
Upon presentation to the circuit court of a certified copy of the decision of the department ending, diminishing, or increasing any payment to be made under the provisions of this title, the court shall revoke or modify the judgment to conform to such decision.
Source:
SL 1917, ch 376, §40; RC 1919, §9475; SDC 1939, §64.0608.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-33 - Review of payment by department.

62-7-33. Review of payment by department.
Any payment, including medical payments under §62-4-1, and disability payments under §62-4-3 if the earnings have substantially changed since the date of injury, made or to be made under this title may be reviewed by the Department of Labor and Regulation pursuant to §62-7-12 at the written request of the employer or of the employee and on such review payments may be ended, diminished, increased, or awarded subject to the maximum or minimum amounts provided for in this title, if the department finds that a change in the condition of the employee warrants such action. Any case in which there has been a determination of permanent total disability may be reviewed by the department not less than every five years.
Source:
SL 1917, ch 376, §41; RC 1919, §9476; SDC 1939, §64.0609; SL 1980, ch 365, §5; SL 1993, ch 381, §3; SL 1993, ch 383, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-34 - Notice given by department--Statutory notice--Writing required--Manner of service.

62-7-34. Notice given by department--Statutory notice--Writing required--Manner of service.
Any notice given by the department, or any other notice for which provision is made by this title, shall be in writing, and service thereof, unless otherwise specifically provided, shall be sufficient if by registered or certified mail addressed to the last known address of the person to be served.
Source:
SL 1917, ch 376, §41; RC 1919, §9476; SDC 1939, §64.0610.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-35 - Limitation of action on claim for compensation.

62-7-35. Limitation of action on claim for compensation.
The right to compensation under this title shall be forever barred unless a written petition for hearing pursuant to §62-7-12 is filed by the claimant with the department within two years after the self-insurer or insurer notifies the claimant and the department, in writing, that it intends to deny coverage in whole or in part under this title. If the denial is in part, the bar shall only apply to such part.
Source:
SL 1917, ch 376, §22; RC 1919, §9457; SDC 1939, §64.0611; SL 1969, ch 288; SL 1978, ch 370, §19; SL 1980, ch 365, §3; SL 2005, ch 285, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-35.1 - Time limitation for claiming additional compensation--Application of limit.

62-7-35.1. Time limitation for claiming additional compensation--Application of limit.
In any case in which any benefits have been tendered pursuant to this title on account of an injury, any claim for additional compensation shall be barred, unless the claimant files a written petition for hearing pursuant to §62-7-12 with the department within three years from the date of the last payment of benefits. The provisions of this section do not apply to review and revision of payments or other benefits under §62-7-33.
Source:
SL 1995, ch 299, §§1, 3; SL 1999, ch 261, §11; SL 2005, ch 285, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-35.2 - Application of time limits to minor or person with mental illness or developmental disability.

62-7-35.2. Application of time limits to minor or person with mental illness or developmental disability.
The provisions of §§62-7-35 and 62-7-35.1 do not apply to a person with a mental illness, a person with a developmental disability, or a minor if the person has no guardian or legal representative. The limitations of §§62-7-35 and 62-7-35.1 do apply to the person with a mental illness, person with a developmental disability, or minor from the date of the appointment of a guardian or legal representative for that person, and if no guardian or legal representative has been appointed, to a minor upon obtainment of majority.
Source:
SL 1995, ch 299, §2; SL 2008, ch 278, §49.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-35.3 - Right to compensation barred under certain circumstances.

62-7-35.3. Right to compensation barred under certain circumstances.
The right to compensation under this title is forever barred if no medical treatment has been obtained within seven years after the employee files the first report of injury.
Source:
SL 1999, ch 261, §12.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-36 - Approval of legal fees--Amount--Lump sum payment.

62-7-36. Approval of legal fees--Amount--Lump sum payment.
Except as otherwise provided, fees for legal services under this title shall be subject to approval of the department.
Attorneys' fees may not exceed the percentage of the amount of compensation benefits secured as a result of the attorney's involvement as follows:
(1)Twenty-five percent of the disputed amount arrived at by settlement of the parties;
(2)Thirty percent of the disputed amount awarded by the Department of Labor and Regulation after hearing or through appeal to circuit court;
(3)Thirty-five percent of the disputed amount awarded if an appeal is successful to the Supreme Court.
Attorneys' fees and costs may be paid in a lump sum on the present value of the settlement or adjudicated amount.
Source:
SL 1992, ch 364, §7; SL 1993, ch 379, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-37 - Mediation--Promulgation of rules.

62-7-37. Mediation--Promulgation of rules.
If the employer and injured employee do not agree as to compensability in whole or in part, either party may request the department to conduct a mediation. The mediation shall be in a location convenient to the parties or by telephonic conference and shall be conducted in accordance with rules promulgated by the department pursuant to chapter 1-26.
Source:
SL 1993, ch 380, §5.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-38 - Multiple employers or insurers where preexisting injury or cumulative trauma claimed--Responsibility for payment.

62-7-38. Multiple employers or insurers where preexisting injury or cumulative trauma claimed--Responsibility for payment.
In cases where there are multiple employers or insurers, if an employee claims an aggravation of a preexisting injury or if an injury is from cumulative trauma making the exact date of injury undeterminable, the insurer providing coverage to the employer at the time the aggravation or injury is reported shall make immediate payment of the claim until all employers and insurers agree on responsibility or the matter is appropriately adjudicated by the Department of Labor and Regulation pursuant to this chapter.
Source:
SL 1994, ch 396, §3A; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-39 - Determining permanent partial or permanent total disability compensation.

62-7-39. Determining permanent partial or permanent total disability compensation.
An employee, employer, employer's insurer, or self-insured employer shall be permitted to use the results of post-offer base line testing or a functional capacity assessment, as utilized by Guidelines to the Evaluation of Permanent Impairment established by the American Medical Association, sixth edition, July 2009 reprint, performed during the course of employment, or other medical evidence of impairment for the purpose of determining permanent partial or permanent total disability compensation due to an employee.
Source:
SL 1995, ch 296, §14; SL 2013, ch 260, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-40 - False testimony.

62-7-40. False testimony.
In proceedings for workers' compensation benefits brought under this title, if the finder of fact determines that any person testifying in the proceeding has knowingly sworn falsely to any material fact in the proceeding, then the finder of fact may reject all of the testimony of that witness.
Source:
SL 1995, ch 296, §15.