reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-12 - Injury resulting in death--Compensation to spouse or children--Remarriage--Full-time students.

62-4-12. Injury resulting in death--Compensation to spouse or children--Remarriage--Full-time students.
The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves a spouse, child or children, shall be paid at the rate provided by §62-4-3 for life or until remarriage in the case of a spouse. If the spouse remarries, two years' benefits shall be paid to the spouse in a lump sum. The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves any children and no spouse, shall be paid at the rate provided by §62-4-3 until the child is age eighteen or for life in the case of any child who is physically or mentally incapable of self-support or until age twenty-two for any child enrolled as a full-time student in any accredited educational institution. If any child is not in the custody of the surviving spouse, the compensation shall be divided pursuant to the provisions of §62-4-12.1.
Source:
SDC 1939, §64.0402 (1); SL 1943, ch 315; SL 1945, ch 352; SL 1947, ch 424, §1; SL 1953, ch 485; SL 1955, ch 438; SL 1959, ch 456, §1; SL 1963, ch 459; SL 1964, ch 225, §1; SL 1965, ch 306; SL 1967, ch 346; SL 1971, ch 284, §1; SL 1973, ch 312, §1; SL 1975, ch 322, §5; SL 1994, ch 397; SL 2003, ch 259, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-12.1 - Injury resulting in death--Compensation to spouse or children--Children not in custody of surviving spouse.

62-4-12.1. Injury resulting in death--Compensation to spouse or children--Children not in custody of surviving spouse.
The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves any child who is not in the custody of the surviving spouse, shall be paid at the rate provided by §62-4-3, with half of the amount being paid to the surviving spouse. The other half shall be paid to the surviving child or in equal shares to the surviving children, until age eighteen, or for life in the case of a child who is physically or mentally incapable of self-support, or until age twenty-two for any child enrolled as a full-time student in any accredited educational institution. When a child is no longer eligible for benefits, his or her share shall be paid to the surviving spouse.
Source:
SL 2003, ch 259, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-13 - Injury resulting in death--Additional compensation for child under eighteen.

62-4-13. Injury resulting in death--Additional compensation for child under eighteen.
For an injury to the employee resulting in death, if the employee leaves any child or children under the age of eighteen years whom the employee was under legal obligation to support at the time of the injury, in addition to the sum provided by §62-4-12, there shall be paid for each of said children, the sum of fifty dollars per month until such child reaches the age of eighteen years.
Source:
SL 1917, ch 376, §23; RC 1919, §9458 (1); SDC 1939, §64.0402 (1); SL 1947, ch 424, §1; SL 1953, ch 485; SL 1955, ch 438; SL 1959, ch 456, §1; SL 1963, ch 459; SL 1964, ch 225, §1; SL 1965, ch 306; SL 1967, ch 346; SL 1971, ch 284, §2; SL 1973, ch 312, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-14 - Injury resulting in death--No surviving spouse or children--Payment to dependent parent, grandparent, or minor sibling.

62-4-14. Injury resulting in death--No surviving spouse or children--Payment to dependent parent, grandparent, or minor sibling.
The amount of compensation which shall be paid for an injury to the employee resulting in death, if no amount is payable under §62-4-12, and the employee leaves any parent, grandparent, or minor sibling, who were dependent upon the employee for support at the time of the employee's injury, shall be such a percentage of the sum provided in §62-4-12 as the average annual contributions which the deceased made to the support of the parent, grandparent, or minor sibling during two years preceding the injury bear to the employee's earnings during the two years.
Source:
SL 1917, ch 376, §23; RC 1919, §9458 (2); SDC 1939, §64.0402 (1); SDC 1939, §64.0402 (2) as enacted by SL 1945, ch 352; SL 1947, ch 424, §1; SL 1959, ch 456, §2; SL 2008, ch 278, §18.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-15 - Injury resulting in death--Payments to dependent collateral heirs.

62-4-15. Injury resulting in death--Payments to dependent collateral heirs.
The amount of compensation which shall be paid for an injury to the employee resulting in death, if no amount is payable under §62-4-12 or 62-4-14, and the employee leaves collateral heirs dependent at the time of the injury to the employee upon the employee's earnings, shall be such a percentage of the sum provided in §62-4-12 as the average annual contributions which the deceased made to the support of the collateral dependent heirs during two years preceding the injury bear to the employee's earnings during the two years.
Source:
SL 1917, ch 376, §23; RC 1919, §9458 (3); SDC 1939, §64.0402 (2); SDC 1939, §64.0402 (3) as enacted by SL 1945, ch 352; SL 2008, ch 278, §19.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-16 - Burial and transportation expenses paid when death results from injury.

62-4-16. Burial and transportation expenses paid when death results from injury.
The employer shall pay the burial expense and the expense of a headstone grave marker for an employee whose death resulted from an injury, in an amount not to exceed the sum of ten thousand dollars. If the death occurred in a foreign state or outside the community where the employee is to be buried, the employer shall also pay the cost of transporting the body of the employee to the community where the employee is to be buried.
Source:
SDC 1939, §64.0402 (4) as enacted by SL 1945, ch 352; SL 1945, ch 353; SL 1959, ch 456, §2; SL 1966, ch 263; SL 1971, ch 285; SL 1976, ch 322, §2; SL 1982, ch 375; SL 1985, ch 398; SL 1996, ch 305; SL 2009, ch 274, §1; SL 2010, ch 249, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-17 - Installment payment of death benefits.

62-4-17. Installment payment of death benefits.
The compensation, except for additional benefits for children under eighteen years of age, provided for in §§62-4-12 to 62-4-15, inclusive, to be paid in case injury results in death, shall be paid in installments equal to two-thirds of the average earnings, at the same intervals at which the wages or earnings of the employee were paid, at which time the additional benefits for children under eighteen years of age shall also be paid. However, if this is not feasible, then the installments shall be paid weekly.
Source:
SL 1917, ch 376, §23; RC 1919, §9458 (5); SDC 1939, §64.0402 (4); SDC 1939, §64.0402 (5) as enacted by SL 1945, ch 352; SL 1947, ch 424, §1; SL 1959, ch 456, §2; SL 1980, ch 365, §4; SL 2008, ch 278, §20.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-18 - Death benefits--Payment to personal representative or beneficiaries--Distribution to heirs.

62-4-18. Death benefits--Payment to personal representative or beneficiaries--Distribution to heirs.
The compensation to be paid for injury which results in death, as provided in §§62-4-12 to 62-4-22, inclusive, shall be paid at the option of the employer either to the personal representative of the deceased employee or to the employee's beneficiaries, and shall be distributed to the heirs who formed the basis for determining the amount of compensation to be paid by the employer, the distributees' share to be in proportion of their respective dependency at the time of the injury on the earnings of the decedent. In the judgment of the court appointing the personal representative, a child's distributive share may be directed paid to the parent for the support of the child.
Source:
SL 1917, ch 376, §23; RC 1919, §9458 (6); SL 1921, ch 420; SDC 1939, §64.0402 (5); SDC 1939, §64.0402 (6) as enacted by SL 1945, ch 352; SL 2008, ch 278, §21.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-19 - Payment of death benefits to personal representative--Release of employer from obligation.

62-4-19. Payment of death benefits to personal representative--Release of employer from obligation.
The payment of compensation by the employer to the personal representative of the deceased employee pursuant to §62-4-18 shall relieve the employer of all obligation as to the distribution of the compensation. The personal representative shall make payment to the distributees pursuant to the order of the court making the appointment.
Source:
SL 1917, ch 376, §23; RC 1919, §9458 (6); SL 1921, ch 420; SDC 1939, §64.0402 (5); SDC 1939, §64.0402 (6) as enacted by SL 1945, ch 352; SL 2008, ch 278, §22.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-20 - Payment of death benefits to surviving spouse for minor children--Conservatorship not required.

62-4-20. Payment of death benefits to surviving spouse for minor children--Conservatorship not required.
With the consent and approval of the secretary of labor and regulation, an employer may pay to the surviving spouse of a deceased, the compensation payable to the spouse and the minor children of the deceased under §§62-4-12 and 62-4-13 without the necessity of the appointment of a conservator for the minor children. The payment of the compensation by the employer shall relieve the employer of all obligation as to the distribution of the compensation so paid. Except in those cases where a lump-sum settlement has been made, approval by the secretary may at any time be revoked or modified for cause.
Source:
SL 1921, ch 420; SDC 1939, §64.0402 (5); SDC 1939, §64.0402 (6) as enacted by SL 1945, ch 352; SL 1978, ch 359, §26; SL 1993, ch 213, §262; SL 2008, ch 278, §23; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-21 - Spouse of deceased employee--Qualification for benefits.

62-4-21. Spouse of deceased employee--Qualification for benefits.
No compensation is payable under §§62-4-12 to 62-4-22, inclusive, to the surviving spouse of a deceased employee unless that spouse was, at the time of the death, living with the deceased employee, or was then dependent upon the deceased employee for support, or was then living apart from the deceased employee for justifiable cause or because of desertion by the deceased employee.
Source:
SL 1917, ch 376, §23; RC 1919, §9458 (7); SL 1919, ch 363, §1; SDC 1939, §64.0402 (6); SDC 1939, §64.0402 (7) as enacted by SL 1945, ch 352; SL 1968, ch 267; SL 1977, ch 421, §1; SL 2008, ch 278, §24.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-22 - Transfer of surviving spouse's right to compensation to surviving child.

62-4-22. Transfer of surviving spouse's right to compensation to surviving child.
If any dependent of a deceased employee dies, the right of the dependent to compensation under §§62-4-12 to 62-4-21, inclusive, ceases. However, if the surviving spouse dies or remarries while receiving or entitled to receive such compensation, that compensation shall be payable to any eligible surviving child or children of the deceased employee in accordance with §62-4-12. Upon remarriage of the surviving spouse, payments to the eligible surviving child or children as provided for in this section may not commence until the expiration of two years from the date of remarriage.
Source:
SL 1917, ch 376, §23; RC 1919, §9458 (7); SL 1919, ch 363, §1; SDC 1939, §64.0402 (6); SDC 1939, §64.0402 (7) as enacted by SL 1945, ch 352; SL 1968, ch 267; SL 1976, ch 322, §3; SL 1977, ch 421, §2; SL 1991, ch 419.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-24 - Employment for year preceding injury--Determination of average weekly wage.

62-4-24. Employment for year preceding injury--Determination of average weekly wage.
As to an employee in an employment in which it is the custom to operate throughout the working days of the year, and who was in the employment of the same employer in the same grade of employment as at the time of the injury continuously for fifty-two weeks next preceding the injury, except for any temporary loss of time, the average weekly wage shall, where feasible, be computed by dividing by fifty-two the total earnings of the employee as defined in subdivision 62-1-1(6), during the period of fifty-two weeks. However, if the employee lost more than seven consecutive days during the period of fifty-two weeks, then the division shall be by the number of weeks and fractions thereof that the employee actually worked.
Source:
SL 1917, ch 376, §§26, 55; RC 1919, §§9461, 9490; SDC 1939, §64.0404 (1) (a); SL 1978, ch 370, §12; SL 2008, ch 278, §25.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-25 - Employment for less than year preceding injury--Determination of average weekly wage.

62-4-25. Employment for less than year preceding injury--Determination of average weekly wage.
As to an employee in an employment in which it is the custom to operate throughout the working days of the year, but who is not covered by §62-4-24, the average weekly wages shall, where feasible, be ascertained by computing the total of the employee's earnings during the period the employee worked immediately preceding the employee's injury at the same grade of employment for the employer by whom the employee was employed at the time of the employee's injury, and dividing such total by the number of weeks and fractions thereof that the employee actually worked. However, if such method of computation produces a result that is manifestly unfair and inequitable or if by reason of the shortness of time during which the employee has been in such employment, or the casual nature or terms of the employment, it is impracticable to use such method, then regard shall be had to the average weekly amount which during fifty-two weeks previous to the injury was being earned by a person in the same grade, employed at the same work, by the same employer, or if there is no person so employed, by a person in the same grade, employed in the same class of employment in the same general locality.
Source:
SL 1917, ch 376, §55; RC 1919, §9490; SDC 1939, §64.0404 (1) (b); SL 2008, ch 278, §26.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-26 - Computation of average weekly wage when other methods not feasible.

62-4-26. Computation of average weekly wage when other methods not feasible.
As to an employee in an employment in which it is the custom to operate throughout the working days of the year and where the situation is such that it is not reasonably feasible to determine the average weekly wages in the manner provided in §62-4-24 or 62-4-25, the average weekly wages shall be determined by multiplying the employee's average day's earnings by three hundred, and dividing by fifty-two.
Source:
SL 1917, ch 376, §26; RC 1919, §9461 (4); SDC 1939, §64.0404 (2).
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-27 - Seasonal employment--Determination of average weekly wage.

62-4-27. Seasonal employment--Determination of average weekly wage.
As to employees in employments in which it is the custom to operate for a part of the whole number of working days in each year, the average weekly wages shall be ascertained by multiplying the employee's average day's earnings by number of days which it is customary in such employment to operate during a year, but not less than two hundred, and dividing by fifty-two.
Source:
SL 1917, ch 376, §26; RC 1919, §9461 (5); SDC 1939, §64.0404 (3).
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-28 - Employee earning no wages or less than day laborers--Computation of average weekly wage.

62-4-28. Employee earning no wages or less than day laborers--Computation of average weekly wage.
As to an employee who earns either no wage or less than the earnings of adult day laborers in the same line of employment in that locality, the average weekly wages shall be reckoned according to the average weekly wages of adults of the same class in the same or, if that is impracticable, then of neighboring employments.
Source:
SL 1917, ch 376, §26; RC 1919, §9461 (6); SDC 1939, §64.0404 (4).
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-29 - Apportionment of compensation for subsequent injury.

62-4-29. Apportionment of compensation for subsequent injury.
As to an employee who before the accident for which the employee claims compensation was disabled and drawing compensation under the terms of this title, the compensation for each subsequent injury shall be apportioned according to the proportion of incapacity and disability caused by the respective injuries which the employee may have suffered.
Source:
SL 1917, ch 376, §26; RC 1919, §9461 (8); SDC 1939, §64.0404 (5); SL 2008, ch 278, §27.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-29.1 - "Claimant" defined for subsequent injury fund claims.

62-4-29.1."Claimant" defined for subsequent injury fund claims.
For purposes of subsequent injury fund claims for reimbursement, notwithstanding any other provision of this title, the term, claimant, refers to any person making a claim for reimbursement, including an insurance carrier of an employer, or an employer, if self-insured.
Source:
SL 1995, ch 297, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-30 - Determination of amount for each installment period.

62-4-30. Determination of amount for each installment period.
To determine the amount of compensation for each installment period, the amount per annum shall be ascertained pursuant to §§62-4-24 to 62-4-29, inclusive, and such amount divided by the number of installment periods per annum.
Source:
SL 1917, ch 376, §26; RC 1919, §9461 (9); SDC 1939, §64.0404 (6).
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-31 - Working week defined.

62-4-31. Working week defined.
The term, working week, for the purposes of §§62-4-24 to 62-4-30, inclusive, means the number of days contemplated by the employment to be worked by the employee during each calendar week.
Source:
SDC 1939, §64.0405; SL 2008, ch 278, §28.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-34.7 - Administration of fund to continue until all valid claims approved, denied or settled--Claim for injury occurring after July 1, 2001, barred--Disposition of fund balance.

62-4-34.7. Administration of fund to continue until all valid claims approved, denied or settled--Claim for injury occurring after July 1, 2001, barred--Disposition of fund balance.
Administration of the subsequent injury fund by the Division of Insurance and reimbursement of complete and valid claims shall continue until approved, denied, or settled. No claim for reimbursement from the subsequent injury fund may be filed based on a subsequent injury that occurs on or after July 1, 2001. Any claim for reimbursement filed as set forth in this section shall be approved or denied by the division pursuant to the requirements of §§62-4-34 to 62-4-36.3, inclusive, in effect prior to July 1, 1999. The division shall continue to make any necessary assessments pursuant to the requirements set forth in §62-4-35 in effect prior to July 1, 1999, until all eligible claims completed as set forth in this section that are approved by the division or determined by the court to be eligible for reimbursement are paid, and until all matters in litigation concerning the subsequent injury fund are resolved. Any claim in matters being litigated concerning the subsequent injury fund is not eligible for interest or costs. Any remaining balance in the fund after all obligations of the fund have been satisfied shall be deposited in the general fund. Priority of payment shall be determined as of the date and time they are determined by the division to be complete and valid. No claim against the subsequent injury fund is vested until it is complete as set forth in this section. Any completed claim regardless of the date of injury or the date of notice of claim is subject to the two-thirds method of reimbursement pursuant to §62-4-34 in effect prior to July 1, 1999.
Source:
SL 1999, ch 262, §1; SL 2001, ch 293, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-37 - Injury or death due to willful misconduct of employee not compensable.

62-4-37. Injury or death due to willful misconduct of employee not compensable.
No compensation may be allowed for any injury or death due to the employee's willful misconduct, including intentional self-inflicted injury, intoxication, illegal use of any schedule I or schedule II drug, or willful failure or refusal to use a safety appliance furnished by the employer, or to perform a duty required by statute. The burden of proof under this section is on the defendant employer.
Source:
SL 1917, ch 376, §7; RC 1919, §9442; SL 1921, ch 421; SDC 1939, §64.0202; SL 1991, ch 420, §1; SL 2008, ch 278, §30.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-38 - Right of action when third person is liable--Election by employee--Offset of recovered damages.

62-4-38. Right of action when third person is liable--Election by employee--Offset of recovered damages.
If an injury for which compensation is payable under this title has been sustained under circumstances creating in some other person than the employer a legal liability to pay damages in respect thereto, the injured employee may, at the employee's option, either claim compensation or proceed at law against such other person to recover damages or proceed against both the employer and such other person. However, in the event the injured employee recovers any like damages from such other person, the recovered damages shall be an offset against any workers' compensation which the employee would otherwise have been entitled to receive.
Source:
SDC 1939, §64.0301; SL 1964, ch 224; SL 1994, ch 398.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-39 - Compensation paid by employer--Reimbursement from damages recovered from third party.

62-4-39. Compensation paid by employer--Reimbursement from damages recovered from third party.
If compensation has been awarded and paid under this title and the employee has recovered damages from another person, the employer having paid the compensation may recover from the employee an amount equal to the amount of compensation paid by the employer to the employee, less the necessary and reasonable expense of collecting the same, which expenses may include an attorney's fee not in excess of thirty-five percent of compensation paid, subject to §62-7-36.
Source:
SDC 1939, §64.0301 as added by SL 1964, ch 224; SL 1994, ch 396, §17.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-40 - Recovery by employer from third party--Excess held for employee.

62-4-40. Recovery by employer from third party--Excess held for employee.
If compensation is awarded under this title, the employer having paid the compensation, or having become liable therefor may collect in the employer's own name or that of the injured employee, or the employer's personal representative, if deceased, from any other person against whom legal liability for damage exists, the amount of the liability. The employer shall hold for the benefit of the injured employee or the employee's personal representative, if deceased, the amount of damages collected in excess of the amount of compensation paid the employee or the employee's representative, less the proportionate necessary and reasonable expense of collecting the same, which expenses may include an attorney's fee not in excess of thirty-five percent of damages so collected, and shall be subject finally to the approval of the department.
Source:
SL 1917, ch 376, §11; RC 1919, §9446; SL 1921, ch 416; SDC 1939, §64.0301; SL 1964, ch 224; SL 2008, ch 278, §31.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-41 - Priority of rights to compensation.

62-4-41. Priority of rights to compensation.
All rights of compensation granted by this title shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed for any unpaid wages for labor.
Source:
SL 1917, ch 376, §14; RC 1919, §9449; SDC 1939, §64.0303.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-42 - Assignment of payments prohibited--Certain compensation exempt from claims of creditors.

62-4-42. Assignment of payments prohibited--Certain compensation exempt from claims of creditors.
No claim for compensation under this title is assignable, and all compensation and claims therefor are exempt from all claims of creditors except those for child and spousal support obligations.
Source:
SL 1917, ch 376, §15; RC 1919, §9450; SDC 1939, §64.0304; SL 1986, ch 218, §60.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-43 - Selection of medical practitioner or surgeon by employee.

62-4-43. Selection of medical practitioner or surgeon by employee.
The employee may make the initial selection of the employee's medical practitioner or surgeon from among all licensed medical practitioners or surgeons in the state. The employee shall, prior to treatment, notify the employer of the choice of medical practitioner or surgeon or as soon as reasonably possible after treatment has been provided. The medical practitioner or surgeon selected may arrange for any consultation, referral, or extraordinary or other specialized medical services as the nature of the injury shall require. The employer is not responsible for medical services furnished or ordered by any medical practitioner or surgeon or other person selected by the employee in disregard of this section. If the employee is unable to make the selection, the selection requirements of this section do not apply as long as the inability to make a selection persists. If the injured employee unreasonably refuses or neglects to avail himself or herself of medical or surgical treatment, the employer is not liable for an aggravation of the injury due to the refusal and neglect and the Department of Labor and Regulation may suspend, reduce, or limit the compensation otherwise payable. If the employee desires to change the employee's choice of medical practitioner or surgeon, the employee shall obtain approval in writing from the employer. An employee may seek a second opinion without the employer's approval at the employee's expense.
Source:
SL 1990, ch 416, §3; SL 2008, ch 278, §32; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-44 - Report to be submitted to employer and department by treating practitioner or surgeon--Time limit..

62-4-44. Report to be submitted to employer and department by treating practitioner or surgeon--Time limit.
A medical practitioner or surgeon first treating an employee shall furnish a report of the injury and treatment to the employer and the Department of Labor and Regulation within fourteen days following the first treatment. The Department of Labor and Regulation may excuse the failure to furnish the report within fourteen days if it finds it to be in the interest of justice to do so. Thereafter, if the employee needs continued medical care or claims to be disabled from employment, the medical practitioner or surgeon shall provide status reports to the employer and the Department of Labor and Regulation at no less than thirty-day intervals. However, no report is required if the medical practitioner or surgeon has not seen the employee since the practitioner's or surgeon's last report.
Source:
SL 1990, ch 416, §4; SL 2008, ch 278, §33; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-45 - Information about injury to be made available--Penalty for withholding information.

62-4-45. Information about injury to be made available--Penalty for withholding information.
All medical practitioners or surgeons attending injured employees shall comply with the rules promulgated pursuant to chapter 1-26 by the Department of Labor and Regulation and shall make the reports as may be required by it. All medical and hospital information relevant to the particular injury shall, upon demand, be made available to the employer, employee, insurer and the Department of Labor and Regulation. Medical practitioners, surgeons, or hospitals may charge a reasonable fee for the reproduction of the medical and hospital information. No relevant information developed in connection with treatment or examination for which compensation is sought may be considered a privileged communication for purposes of a workers' compensation claim. If a medical practitioner or surgeon willfully fails to make any report required of the practitioner or surgeon under this section, the Department of Labor and Regulation may order the forfeiture of the practitioner's or surgeon's right to all or part of payment due for services rendered in connection with the particular case.
Source:
SL 1990, ch 416, §5; SL 1993, ch 375, §43; SL 1995, ch 296, §10; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-46 - Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.

62-4-46. Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.
A false representation as to physical condition or health made by an employee in procuring employment shall preclude the awarding of workers' compensation benefits for an otherwise compensable injury if it is shown that the employee intentionally and willfully made a false representation as to the employee's physical condition, the employer substantially and justifiably relied on the false representation in the hiring of the employee, and a causal connection existed between the false representation and the injury. The burden is on the employer to prove each of these elements.
Source:
SL 1991, ch 420, §2; SL 2008, ch 278, §34.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-47 - Written request to stop payments--Fraud--Injury outside of employment.

62-4-47. Written request to stop payments--Fraud--Injury outside of employment.
An employer, an employer's insurer or a fellow employee may submit a written request to the Department of Labor and Regulation to terminate, modify, or temporarily stop payments to a claimant because the requester has reason to believe that a worker's compensation claim has been paid under fraudulent conditions or that the injury did not arise out of or in the course of the employment. The department shall prescribe the form for the written request.
Source:
SL 1993, ch 380, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-48 - Investigation of written request to stop payments.

62-4-48. Investigation of written request to stop payments.
The department shall order an investigation by the insurer, self-insured employer or administrator of a self-insured plan of the facts contained in a written request made pursuant to §62-4-47. The investigation shall be completed within ninety days after receipt of the order. After a contested case hearing conducted pursuant to chapter 1-26, the department may order that the claimant's payments be continued, modified, or terminated. If the department has reason to believe that criminal insurance fraud has been committed, it shall disclose its information to law enforcement officers and may assist in the criminal investigative process.
Source:
SL 1993, ch 380, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-49 - Confidentiality of investigative records--Release--Misdemeanor.

62-4-49. Confidentiality of investigative records--Release--Misdemeanor.
All investigative records and files relating to written requests made pursuant to §62-4-47 are confidential. No disclosure of any such records, files, or other information may be made except as authorized in this section and §62-4-48. The names of individuals providing evidence in support of a written request are confidential during the pendency of the request and the investigation. If the records or the testimony of the witness supplying the records are to be admitted at the hearing, the records and the testimony, or both, are discoverable and shall be provided to the claimant and the claimant's attorney. The department may release records, files, or other information to the attorney general, the state's attorney, law enforcement officials, and public officials who require the information in connection with their official duties. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1993, ch 380, §3.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-50 - Immunity for good faith written request of investigation--False written request as misdemeanor.

62-4-50. Immunity for good faith written request of investigation--False written request as misdemeanor.
Any person or party participating in good faith in the making of a written request pursuant to §62-4-47 is immune from any liability, civil or criminal, that might otherwise be incurred or imposed and has the same immunity for participation in any judicial proceeding resulting from the request. Immunity extends in the same manner to public officials or employees involved in the investigation of the facts contained in written requests or to any person who in good faith cooperates with the investigation. A written request made in good faith does not constitute the wrongful failure to pay a claim or to pay it on time. Any person or party who knowingly makes a false or malicious written request for an investigation, is guilty of a Class 2 misdemeanor.
Source:
SL 1993, ch 380, §4.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-51 - Fraudulent workers' compensation claims as misdemeanor.

62-4-51. Fraudulent workers' compensation claims as misdemeanor.
Any person who knowingly files a fraudulent claim for workers' compensation benefits is guilty of a Class 1 misdemeanor.
Source:
SL 1994, ch 399.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-52 - Definition of terms.

62-4-52. Definition of terms.
Terms used in §62-4-53 mean:
(1)"Community," the area within sixty road miles of the employee's residence unless:
(a)The employee is physically limited to travel within a lesser distance;
(b)Consideration of the wages available within sixty road miles and the cost of commuting to the job site makes it financially infeasible to work within such a distance;
(c)An employee has expanded the employee's community by regularly being employed at a distance greater than sixty road miles of the employee's residence, in which case community shall be defined as that distance previously traveled.
(2)"Sporadic employment resulting in an insubstantial income," employment that does not offer an employee the opportunity to work either full-time or part-time and pay wages equivalent to, or greater than, the workers' compensation benefit rate applicable to the employee at the time of the employee's injury. Commission or piece-work pay may or may not be considered sporadic employment depending upon the facts of the individual situation. If a bona fide position is available that has essential functions that the injured employee can perform, with or without reasonable accommodations, and offers the employee the opportunity to work either full-time or part-time and pays wages equivalent to, or greater than, the workers' compensation benefit rate applicable to the employee at the time of the employee's injury the employment is not sporadic. The department shall retain jurisdiction over disputes arising under this provision to ensure that any such position is suitable when compared to the employee's former job and that such employment is regularly and continuously available to the employee.
Source:
SL 1994, ch 396, §7; SL 1999, ch 261, §6.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-53 - Permanent total disability--Burden of proof--Moving expenses paid by employer in certain cases.

62-4-53. Permanent total disability--Burden of proof--Moving expenses paid by employer in certain cases.
An employee is permanently totally disabled if the employee's physical condition, in combination with the employee's age, training, and experience and the type of work available in the employee's community, cause the employee to be unable to secure anything more than sporadic employment resulting in an insubstantial income. An employee has the burden of proof to make a prima facie showing of permanent total disability. The burden then shifts to the employer to show that some form of suitable work is regularly and continuously available to the employee in the community. The employer may meet this burden by showing that a position is available which is not sporadic employment resulting in an insubstantial income as defined in subdivision 62-4-52(2). An employee shall introduce evidence of a reasonable, good faith work search effort unless the medical or vocational findings show such efforts would be futile. The effort to seek employment is not reasonable if the employee places undue limitations on the kind of work the employee will accept or purposefully leaves the labor market. An employee shall introduce expert opinion evidence that the employee is unable to benefit from vocational rehabilitation or that the same is not feasible.
If an employee chooses to move to an area to obtain suitable employment that is not available within the employee's community, the employer shall pay moving expenses of household goods not to exceed four weeks of compensation at the rate provided by §62-4-3.
Source:
SL 1994, ch 396, §8; SL 1999, ch 261, §7.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-54 - Determining usual and customary line of employment.

62-4-54. Determining usual and customary line of employment.
Usual and customary line of employment is to be determined by evaluation of the following factors:
(1)The skills or abilities of the person;
(2)The length of time the person spent in the type of work engaged in at the time of the injury;
(3)The proportion of time the person has spent in the type of work engaged in at the time of injury when compared to the employee's entire working career; and
(4)The duties and responsibilities of the person at the workplace. It is not limited by the position held at the time of the injury.
Source:
SL 1994, ch 396, §10.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-55 - Suitable, substantial, and gainful employment defined.

62-4-55. Suitable, substantial, and gainful employment defined.
Employment is considered suitable, substantial, and gainful if:
(1)It returns the employee to no less than eighty-five percent of the employee's prior wage earning capacity; or
(2)It returns the employee to employment which equals or exceeds the average prevailing wage for the given job classification for the job held by the employee at the time of injury as determined by the Department of Labor and Regulation.
Source:
SL 1994, ch 396, §11; 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 62-5-1 - Methods of securing payment of compensation.

62-5-1. Methods of securing payment of compensation.
Except as otherwise provided in §§62-5-5 and 62-5-6, any employer, coming within the compensation provisions of this title, shall secure the payment of compensation to the employer's employees in one of the ways provided by §62-5-2 or 62-5-3. If the payment of compensation is so secured, the employer is liable to any employee for injury or death arising out of and in the course of the employment only as specified by this title.
Source:
SDC 1939, §64.0106; SL 1996, ch 306, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-2 - Obtaining workers' compensation insurance.

62-5-2. Obtaining workers' compensation insurance.
An employer may secure the payment of compensation to any employee by insuring and keeping insured the payment of the compensation with any stock corporation writing workers' compensation insurance or any mutual employer's liability association authorized to transact the business of workers' compensation insurance in this state or in an association authorized to exchange reciprocal or interinsurance contracts by individuals, partnerships, or corporations.
Source:
SL 1931, ch 271, §1; SDC 1939, §64.0106 (1); SL 2008, ch 278, §35.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-3 - Reciprocal or interinsurance contracts providing indemnity for loss under workers' compensation law.

62-5-3. Reciprocal or interinsurance contracts providing indemnity for loss under workers' compensation law.
An employer may secure the payment of compensation to any employee by insuring and keeping insured the payment of the compensation in some association organized for the exchange of reciprocal or interinsurance contracts with each other by individuals, partnerships, or corporations of this state for the purpose of providing indemnity among themselves from any loss under the workers' compensation law, if the association is authorized to do the business of entering into reciprocal or interinsurance contracts by the director of the Division of Insurance. Nothing in this section applies to reciprocal or interinsurance exchanges authorized to do business under the provisions of chapter 58-34.
Source:
SL 1931, ch 271, §1; SDC 1939, §64.0106 (2); SL 2008, ch 278, §36.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-5 - Self-insurance by employer--Annual proof of solvency and financial ability--Application fee--Deposit of fees--Certificate of exemption.

62-5-5. Self-insurance by employer--Annual proof of solvency and financial ability--Application fee--Deposit of fees--Certificate of exemption.
If an employer coming under the provisions of this title annually furnishes satisfactory proof to the Department of Labor and Regulation of the employer's solvency and financial ability to pay the compensation required by this title, the employer is relieved from the provisions of §62-5-1. Each employer shall submit an application fee not to exceed two thousand five hundred dollars to the Department of Labor and Regulation at the time proof of solvency is submitted. The Department of Labor and Regulation shall set, by rules promulgated pursuant to chapter 1-26, the amount of the application fee.
All fees paid to the department pursuant to this section shall be deposited with the state treasurer and shall be credited to the Department of Labor and Regulation special revenue fund which is hereby created. The money deposited shall be dedicated and continuously appropriated to the department for purposes of conducting an actuarial review of the applicant's financial condition and automating the administration of the workers' compensation law.
Upon receiving satisfactory proof of financial solvency and surety for performance required by §62-5-10, the department shall issue a certificate of exemption relieving the employer of the obligation to purchase worker's compensation insurance provided in §§62-5-2 and 62-5-3. The department may revoke this certificate if the employer fails to comply with the provisions of titles 58 and 62, or with any rules promulgated by the Department of Labor and Regulation.
Source:
SDC 1939, §64.0106(4); SL 1941, ch 371; SL 1986, ch 428; SL 1990, ch 417; SL 1994, ch 93, §2; SL 1996, ch 306, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011; SL 2018, ch 285, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-6 - Exemption of political subdivisions from security provisions.

62-5-6. Exemption of political subdivisions from security provisions.
This state or any municipality or other political subdivision of the state need not furnish any insurance or security as provided by §§62-5-1 to 62-5-5, inclusive, or §§62-5-10 to 62-5-12, inclusive, but may do so if it desires.
Source:
SL 1923, ch 311; SDC 1939, §64.0106 (5); SL 1989, ch 453, §8.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-7 - Failure to secure payment as election not to operate under title.

62-5-7. Failure to secure payment as election not to operate under title.
Any employer other than the state, a municipality, or other political subdivision of this state, who has failed to comply with the provisions of §§62-5-1 to 62-5-5, inclusive, shall be deemed to have elected not to operate under the provisions of this title.
Source:
SDC 1939, §64.0106.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 05 - Insurance And Security For Payments › Section 62-5-8 - Commission for placing insurance limited.

62-5-8. Commission for placing insurance limited.
No insurer of any obligation under this title may by himself, herself, or through another, either directly or indirectly, charge, accept, or pay as a commission or compensation for placing or renewing any insurance under this title more than fifteen percent of the premium charged.
Source:
SL 1917, ch 376, §51; RC 1919, §9487; SDC 1939, §64.0305; SL 2008, ch 278, §37.