reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 07 - Claims Procedure › Section 62-7-41 - Supplemental wage benefit for employee unable to return to usual and customary employment.

62-7-41. Supplemental wage benefit for employee unable to return to usual and customary employment.
If an employee is not totally disabled but is unable to return to the employee's usual and customary employment, the employer may, in lieu of rehabilitation, require the employee to accept, in addition to an earned income, a supplemental wage benefit to be paid by the employer which, in total with the earned income, equals the workers' compensation benefit rate applicable to the employee at the time of the employee's injury, plus a return to work incentive of twenty percent of the rate otherwise payable to the employee under §62-4-3, provided the employee is actually offered employment or is employed.
Source:
SL 1995, ch 296, §17.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-1 - Definition of terms.

62-8-1. Definition of terms.
Terms used in this chapter mean:
(1)"Compensation," the payments and benefits provided for in the South Dakota workers' compensation law, subject to the conditions and limitations contained in this chapter;
(2)"Department," the Department of Labor and Regulation of the State of South Dakota;
(3)"Disablement," the event of an employee's becoming actually and totally incapacitated, because of an occupational disease as defined in this chapter, from performing work in the last occupation in which injuriously exposed to the hazards of such disease. The terms, disability, disabled, total disability, totally disabled, or total disablement are synonymous with disablement;
(4)"Injurious exposure" and "harmful quantities,' ' that concentration of toxic material which would, independently of any other cause whatsoever (including the previous physical condition of the claimant) produce or cause the disease for which claim is made;
(5)"Nondisabling silicosis," silicosis demonstrable by X ray examinations of the lungs, which reveal unquestionably the characteristic mottling of silicosis in the lung fields, occurring in an employee after injurious exposure to silicon dioxide for the period provided in §62-8-14, but not sufficient to disable the employee from performing usual work;
(6)"Occupational disease," a disease peculiar to the occupation in which the employee was engaged and due to causes in excess of the ordinary hazards of employment and includes any disease due or attributable to exposure to or contact with any radioactive material by an employee in the course of employment;
(7)"Silicosis," the characteristic fibrotic condition of the lungs caused by the inhalation of silicon dioxide (SiO2) dust.
Source:
SDC 1939, §64.0804 as enacted by SL 1947, ch 426; SL 1971, ch 286, §1; SL 2008, ch 278, §50; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-3 - Contracted and incurred defined.

62-8-3. Contracted and incurred defined.
The terms, contracted, and incurred, as used in this chapter when referring to an occupational disease, are the equivalent of the phrase, arising out of and in the course of, as used in the workers' compensation law.
Source:
SDC 1939, §64.0805 as enacted by SL 1947, ch 426; SL 2008, ch 278, §51.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-4 - Right to compensation--Applicability of workers' compensation law.

62-8-4. Right to compensation--Applicability of workers' compensation law.
If an employee of an employer subject to this chapter suffers from an occupational disease as defined in §62-8-1, and is thereby disabled from performing work in the last occupation in which the employee was injuriously exposed to the hazards of the disease, or dies as a result of the disease, and the disease was due to the nature of an occupation or process in which the employee was employed within the period previous to the employee's disablement limited in this chapter, the employee, or, in case of the employee's death, the employee's dependents, are entitled to compensation as provided in the workers' compensation law, as if the disablement or death were an injury by accident, except as otherwise provided in this chapter. The practice and procedure prescribed in the workers' compensation law shall apply to proceedings for compensation for such diseases, except as in this chapter otherwise provided.
Source:
SDC 1939, §64.0802 as enacted by SL 1947, ch 426; SL 2008, ch 278, §52.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-6 - Employers and workers subject to chapter--Security for compensation--Right to compensation as exclusive remedy.

62-8-6. Employers and workers subject to chapter--Security for compensation--Right to compensation as exclusive remedy.
Every employer of workers subject to the workers' compensation law is subject to the provisions of this chapter and shall secure the payment of compensation in accordance with the provisions of this chapter by any method prescribed by the workers' compensation law at the time in effect in this state. If the foregoing requirement is complied with, the liability of the employer under this chapter is exclusive and in place of any other civil liability, at common law or otherwise to such employee, or to the employee's spouse, children, parents, dependents, next of kin, personal representatives, guardian, conservator, or any others on account of any disease or injury to health, or on account of death from any disease or injury to health in any way contracted, sustained, aggravated, or incurred by the employee in the course of, or because of, or arising out of employment, except only an injury compensable as an injury by accident under the provisions of the workers' compensation law.
Source:
SDC 1939, §64.0803 as enacted by SL 1947, ch 426; SL 1971, ch 286, §3; SL 1993, ch 213, §264; SL 2008, ch 278, §54.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-11 - Filing time to qualify for disability or death compensation.

62-8-11. Filing time to qualify for disability or death compensation.
An employer is not liable for compensation or other benefits under the provisions of this chapter for disability or death unless a claim is filed with the Department of Labor and Regulation within two years after the claimant becomes disabled from such disease, or in the case of death from such disease, within two years of the date of such death. However, any prepaid lump sum payments made to the claimant during his lifetime for permanent total disability shall be accredited to the payments made for death benefits.
Source:
SDC 1939, §64.0807 (1) as enacted by SL 1947, ch 426; SL 1965, ch 308, §1; SL 1971, ch 286, §8; SL 1976, ch 323; SL 1993, ch 375, §39C; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-12 - Conditions of liability--Burden of proof.

62-8-12. Conditions of liability--Burden of proof.
The burden of proof shall be upon the claimant to establish each and every fact under §62-8-11 by competent medical evidence.
Source:
SDC 1939, §64.0807 (1) as enacted by SL 1947, ch 426; SL 1965, ch 308, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-13 - Notice of disability required--Claim for compensation.

62-8-13. Notice of disability required--Claim for compensation.
An employer is not liable for compensation or other benefits under the provisions of this chapter for disability or death unless notice of disability and claim for compensation has been given and made to the employer in writing within the time fixed in §§62-8-29 to 62-8-32, inclusive.
Source:
SDC 1939, §64.0807 (2) as enacted by SL 1947, ch 426; SL 1965, ch 308, §1; SL 1971, ch 286, §9; SL 2008, ch 278, §55.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-14 - Silicosis cases--Period of exposure.

62-8-14. Silicosis cases--Period of exposure.
No claim for disability or death from silicosis may be maintained or prosecuted otherwise than under the provisions of this chapter, or come within the provisions of this chapter, unless the employee has been injuriously exposed to the inhalation of silica dust over a period of not less than two years, and has been in this state, under a contract of employment existing in this state. However, if the employee has been employed by the same employer during the whole of the two-year period, the employee's right to compensation against the employer is not affected by the fact that the employee had been employed during any part of the period outside of this state.
Source:
SDC 1939, §64.0808 as enacted by SL 1947, ch 426; SL 1976, ch 322, §4; SL 2008, ch 278, §56.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-15 - Last employer liable--Amount of compensation--Notice of disability--Claim for compensation.

62-8-15. Last employer liable--Amount of compensation--Notice of disability--Claim for compensation.
If compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of the disease is liable therefor. The amount of the compensation shall be based upon the average weekly wages (as defined in the workers' compensation law) of the employee when last so injuriously exposed under the employer. The notice of disability and claim for compensation shall be given and made to the employer.
Source:
SDC 1939, §64.0809 as enacted by SL 1947, ch 426; SL 2008, ch 278, §57.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-16 - Maximum compensation for death or disability.

62-8-16. Maximum compensation for death or disability.
The maximum compensation to be allowed for disability, or death, or both, on account of any occupational disease is the limit fixed in the workers' compensation law.
Source:
SDC 1939, §64.0809 as enacted by SL 1947, ch 426.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-17 - Waiver of disability benefits by working for another.

62-8-17. Waiver of disability benefits by working for another.
If a totally disabled employee engages in any remunerative work for any other employer, the employee thereby waives disability benefits or compensation under this chapter for the period as the employee is so engaged.
Source:
SDC 1939, §64.0809 as enacted by SL 1947, ch 426; SL 1971, ch 286, §10; SL 2008, ch 278, §58.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-18 - Death in case of silicosis--Liability of last employer.

62-8-18. Death in case of silicosis--Liability of last employer.
In case of silicosis, the only employer liable is the last employer in whose employment the employee was last injuriously exposed to the hazards of the disease during a period of sixty days or more.
Source:
SDC 1939, §64.0809 as enacted by SL 1947, ch 426; SL 2008, ch 278, §59.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-19 - Disability or death from silicosis with complication of tuberculosis.

62-8-19. Disability or death from silicosis with complication of tuberculosis.
In case of disability or death from silicosis, complicated with tuberculosis of the lungs, compensation is payable as for uncomplicated silicosis, if the silicosis was an essential factor in causing the disability or death.
Source:
SDC 1939, §64.0810 as enacted by SL 1947, ch 426; SL 2008, ch 278, §60.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-20 - Partial disability due to silicosis not compensable--Exceptions.

62-8-20. Partial disability due to silicosis not compensable--Exceptions.
Compensation is not payable for partial disability due to silicosis, except as provided in §§62-8-24, 62-8-27, and 62-8-28.
Source:
SDC 1939, §64.0811 as enacted by SL 1947, ch 426; SL 2008, ch 278, §61.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-21 - Dependency arising after disability.

62-8-21. Dependency arising after disability.
No compensation for death from an occupational disease is payable to any person whose relationship to the deceased, which, under the provisions of this chapter would give right to compensation, arose subsequent to the beginning of the first compensable disability, save only to after-born children of a marriage existing at the beginning of the disability.
Source:
SDC 1939, §64.0812 as enacted by SL 1947, ch 426; SL 2008, ch 278, §62.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-22 - Disability or death due to employee's willful misconduct, willful self-exposure, or disobedience not compensable.

62-8-22. Disability or death due to employee's willful misconduct, willful self-exposure, or disobedience not compensable.
Notwithstanding anything contained in this chapter, no employee or dependent of any employee, or personal representative of a deceased employee, or other person is entitled to receive compensation for disability or death from an occupational disease if the disability or death, wholly or in part, was caused by the willful misconduct or willful self-exposure of the employee or by the employee's disobedience to reasonable regulations adopted by the employer, that have been and are kept posted in conspicuous places in and about the premises of the employer, or otherwise brought to the attention of the employee.
Source:
SDC 1939, §64.0813 as enacted by SL 1947, ch 426; SL 1993, ch 375, §40; SL 2008, ch 278, §63.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-23 - Willful self-exposure--Acts constituting.

62-8-23. Willful self-exposure--Acts constituting.
As used in §62-8-22, willful self-exposure shall be conclusively presumed if any of the following occur:
(1)An employee or applicant for employment fails or omits truthfully to state in writing to the best of the employee's knowledge in answer to any inquiry made by the employer, the place, duration, and nature of the employee's previous employment;
(2)An applicant for employment fails or omits truthfully to state in writing to the best of the applicant's knowledge in answer to any inquiry made by the employer, whether or not the applicant had been previously disabled, laid off, or compensated in damages or otherwise, because of any physical disability;
(3)An employee or applicant for employment fails or omits truthfully to give in writing to the best of the employee's or applicant's knowledge in answer to any inquiry made by the employer, full information about the previous status of the employee's or applicant's health, previous medical and hospital attention and exposure to tuberculosis;
(4)An employee or applicant for employment fails or refuses to submit to medical or X ray examination when requested so to do by the employer at the employer's expense;
(5)An employee willfully fails to use protective and safety devices provided by the employer.
Source:
SDC 1939, §64.0813 as enacted by SL 1947, ch 426; SL 2008, ch 278, §64.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-24 - Waiver of full compensation for aggravation of nondisabling silicosis--Amount of claim limited.

62-8-24. Waiver of full compensation for aggravation of nondisabling silicosis--Amount of claim limited.
If an employee, though not actually disabled, has nondisabling silicosis, the employee may, subject to the approval of the Department of Labor and Regulation, waive in writing full compensation for any aggravation of the employee's condition that may result from the employee continuing in the hazardous occupation. If the employee later suffers total disablement or death as a result of the disease with which the employee was affected after such a waiver, compensation shall be payable as provided in this chapter. However, the amount of compensation, whether for disability or death or both, may not exceed fifty-two times the maximum weekly benefit rate in effect at the time of total disability or death occurs. A waiver so permitted remains effective, for the trade, occupation, process, or employment for which executed, notwithstanding change of employer. The secretary of labor and regulation may promulgate rules pursuant to chapter 1-26 relative to the form, execution, filing, or registration, and public inspection of waivers or records thereof.
Source:
SDC 1939, §64.0814 as enacted by SL 1947, ch 426; SL 1983, ch 22, §23; SL 1993, ch 375, §41; SL 2008, ch 278, §65; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-25 - Contract waiving all claims for compensation for aggravation of nondisabling silicosis.

62-8-25. Contract waiving all claims for compensation for aggravation of nondisabling silicosis.
A worker, seeking employment and having knowledge or being informed that the worker is affected with a nondisabling silicosis, who nevertheless voluntarily prefers to work in an occupation where the worker's disease may become aggravated, may, with the approval of the department, enter into a contract with the worker's prospective employer, waiving all claims for compensation or damages under this chapter or otherwise.
Source:
SDC 1939, §64.0815 as enacted by SL 1947, ch 426; SL 2008, ch 278, §66.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-26 - Voluntary waiver--Finding by department.

62-8-26. Voluntary waiver--Finding by department.
Before approving a waiver under §62-8-24 or 62-8-25, the department shall be satisfied that the worker has voluntarily entered into the agreement to waive compensation, that it is of greater advantage to the worker and the worker's dependents, if any, for the worker to work in an occupation where the worker's disease may become aggravated than to seek other employment, and that the working conditions maintained by the employer are such as to minimize the hazards of silicosis.
Source:
SDC 1939, §64.0816 as enacted by SL 1947, ch 426; SL 2008, ch 278, §67.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-27 - Termination of employment because of nondisabling silicosis--Allowance of compensation.

62-8-27. Termination of employment because of nondisabling silicosis--Allowance of compensation.
If an employee working subject to this chapter, who has not previously executed any of the waivers referred to in §§62-8-24 to 62-8-26, inclusive, and who would be entitled to compensation under this chapter if disabled, is, because the employee had a nondisabling silicosis, discharged from employment in which the employee is engaged, or if an employee, after an examination as provided in §62-8-28 and a finding by the medical panel that it is inadvisable for the employee to continue in employment, terminates employment, the department may allow the compensation on account of the discharge or termination of employment as the department deems just, but in no case to exceed one thousand dollars, which payment shall operate as a complete release and discharge of all liability of the employer.
Source:
SDC 1939, §64.0817 (1) as enacted by SL 1947, ch 426; SL 2008, ch 278, §68.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-28 - Petition of employee for examination for silicosis--Payment of costs--Findings of department.

62-8-28. Petition of employee for examination for silicosis--Payment of costs--Findings of department.
Any employee who in the course of employment has been exposed to the inhalation of silica dust and who wishes to submit to examination by the department to determine whether the employee has silicosis, and the degree thereof, may petition the department for an order directing the examination. The cost of the medical examination shall be borne by the employee making application. The department shall submit copies of the report of the examination to the employer and employee, who shall have opportunity to rebut the same, if the request therefor is made to the department within thirty days from the mailing of the report to the parties. The department shall make its findings as to whether or not it is inadvisable for the employee to continue in employment.
Source:
SDC 1939, §64.0817 (2) as enacted by SL 1947, ch 426; SL 2008, ch 278, §69.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-29 - Notice of disease or death required for compensation.

62-8-29. Notice of disease or death required for compensation.
Unless written notice of an occupational disease is given by the worker to the employer within six months after the employment has ceased in which it is claimed that the disease was contracted, and, in case of death, unless written notice of such death is given within ninety days after the occurrence, all rights to compensation for disability, or death, from an occupational disease are forever barred.
Source:
SDC 1939, §64.0818 as enacted by SL 1947, ch 426; SL 1965, ch 308, §2; SL 1977, ch 421, §4; SL 2008, ch 278, §70.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-30 - Time for notice of incapacity from ionizing radiation.

62-8-30. Time for notice of incapacity from ionizing radiation.
Notwithstanding §62-8-29, the time for filing notice and claims does not begin to run in cases of incapacity from exposure to ionizing radiation until one year after the date upon which the employee first suffered incapacity and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by the employee's present or prior employment.
Source:
SDC 1939, §64.0818 as enacted by SL 1965, ch 308, §2; SL 2008, ch 278, §71.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-31 - Persons who may give notice and make claim.

62-8-31. Persons who may give notice and make claim.
Notice and claim under §62-8-29 may be made by any person claiming to be entitled to compensation or by someone in the person's behalf.
Source:
SDC 1939, §64.0818 as enacted by SL 1947, ch 426; SL 1965, ch 308, §2; SL 2008, ch 278, §72.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-32 - Time for making claim for further compensation after discontinuance.

62-8-32. Time for making claim for further compensation after discontinuance.
If compensation payments have been made and discontinued, and further compensation is claimed, the claim for the further compensation shall be made within one year after the last payment.
Source:
SDC 1939, §64.0818 as enacted by SL 1947, ch 426; SL 1965, ch 308, §2; SL 2008, ch 278, §73.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-40.1 - Contracts for medical reports.

62-8-40.1. Contracts for medical reports.
The Department of Labor and Regulation may contract with licensed physicians for medical reports on controverted medical questions in any case on a claim for compensation for an occupational disease.
Source:
SL 1974, ch 3, §19; SL 2008, ch 278, §74; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-41 - Autopsy ordered by department upon filing of claim.

62-8-41. Autopsy ordered by department upon filing of claim.
Upon the filing of a claim for compensation for death from an occupational disease where an autopsy is necessary accurately and scientifically to ascertain and determine the cause of death, the autopsy shall be ordered by the department. The department may designate a duly licensed physician, who is a specialist in such examinations, to perform or attend the autopsy, and to certify the findings thereon. The findings shall be filed with the department and are a public record.
Source:
SDC 1939, §64.0823 as enacted by SL 1947, ch 426; SL 2008, ch 278, §75.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-42 - Autopsy ordered by department where controversy may exist.

62-8-42. Autopsy ordered by department where controversy may exist.
The secretary of the Department of Labor and Regulation also may exercise such authority on the secretary's own motion or on application made to the secretary at any time by any party in interest, upon the presentation of facts showing that a controversy may exist in regard to the cause of death or the existence of any occupational disease.
Source:
SDC 1939, §64.0823 as enacted by SL 1947, ch 426; SL 2008, ch 278, §76; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-43 - Refusal to permit autopsy--Suspension of proceedings for compensation.

62-8-43. Refusal to permit autopsy--Suspension of proceedings for compensation.
All proceedings for compensation shall be suspended upon refusal of a claimant or claimants to permit the autopsy when so ordered. No compensation is payable during the continuance of the refusal.
Source:
SDC 1939, §64.0823 as enacted by SL 1947, ch 426; SL 2008, ch 278, §77.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-44 - Modification of award.

62-8-44. Modification of award.
An award or denial of award of compensation for an occupational disease may be reviewed and compensation increased, reduced or terminated where previously awarded, or awarded where previously denied, only upon proof of fraud or of change in the conditions, and then only upon application by a party in interest made not later than one year after the denial or award, or, where compensation has been awarded, after the date when the last payment was made under the award, except in case of silicosis where such time limit shall be two years.
Source:
SDC 1939, §64.0824 as enacted by SL 1947, ch 426.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-45 - Agreements between employer and employee.

62-8-45. Agreements between employer and employee.
If the employer and employee reach an agreement in regard to the compensation under this chapter, a memorandum thereof shall be filed with the department by the employer or employee, and unless the department shall, within twenty days, notify the employer and employee of its disapproval of the agreement by registered or certified letter sent to their addresses as given in the memorandum filed, the agreement shall stand as approved and be enforceable for all purposes under the provisions of this chapter.
Source:
SDC 1939, §64.0825 as enacted by SL 1947, ch 426.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 08 - Occupational Disease Disability › Section 62-8-47 - Compensation under this chapter not additional to compensation under chapter 62-4.

62-8-47. Compensation under this chapter not additional to compensation under chapter 62-4.
The compensation provided for under this chapter is not in addition to compensation which may be payable under chapter 62-4, and in all cases where injury results by reason of an accident arising out of or in the course of employment and compensation is payable therefor under said chapter 62-4, no compensation under this chapter is payable.
Source:
SDC 1939, §64.0827 as enacted by SL 1947, ch 426; SL 2008, ch 278, §79.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-1 - Compensation for permanent occupational hearing loss.

62-9-1. Compensation for permanent occupational hearing loss.
Permanent hearing loss caused by exposure to excessive occupational noise shall be compensated according to the terms and conditions of this chapter.
Source:
SL 1986, ch 427, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-2 - Definition of terms.

62-9-2. Definition of terms.
Terms used in this chapter mean:
(1)"Occupational loss of hearing," a permanent sensorineural loss of hearing caused by prolonged exposure to excessive noise in the working environment;
(2)"Excessive noise," sound in the working environment capable of producing occupational loss of hearing. Sound of an intensity of less than ninety decibels, "A scale, slow response', is considered incapable of producing occupational hearing losses as defined in this chapter. Regular exposure to the noise levels set forth below for periods less than those described for such levels does not constitute an exposure to excessive noise:
Noise Levels
Periods
A Scale, Slow Response
90 DB
8 hours per day
92 DB
6 hours per day
95 DB
4 hours per day
97 DB
3 hours per day
100 DB
2 hours per day
105 DB
1 hour per day
110 DB
30 minutes per day
115 DB
15 minutes per day
Greater than 115 DB
No exposure recommended
Source:
SL 1986, ch 427, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-3 - Calculation of hearing loss--What loss is compensable.

62-9-3. Calculation of hearing loss--What loss is compensable.
The percentage of hearing loss shall be calculated as the average, in decibels, of the thresholds of hearing for the frequencies of five hundred, one thousand, two thousand and three thousand cycles per second. Pure tone air conduction audiometric instruments properly calibrated according to accepted national standards such as American Standards Association, Inc. (ASA), International Standards Organization (ISO), or American National Standards Institute, Inc. (ANSI), shall be used for measuring hearing loss. If the losses of hearing average twenty-five decibels ANSI or less in the four frequencies, such losses of hearing do not constitute any compensable hearing disability. If the losses of hearing average ninety-two decibels ANSI or more in the four frequencies, then the same shall constitute and be total or one hundred percent compensable hearing loss. In measuring hearing impairment, the lowest measured losses in each of the four frequencies shall be added together and divided by four to determine the average decibel loss. For each decibel of loss exceeding twenty-five decibels, an allowance of one and one-half percent shall be made up to the maximum of one hundred percent which is reached at ninety-two decibels.
Source:
SL 1986, ch 427, §3.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-4 - Hearing loss to be determined on binaural basis--How calculated.

62-9-4. Hearing loss to be determined on binaural basis--How calculated.
Permanent partial or permanent total impairment of the hearing from an occupational loss shall be determined on a binaural basis for the purposes of determining the amount of compensation payable under §62-9-6. To determine the binaural percentage of loss, the percentage of loss as determined in §62-9-3, if any, in the better ear shall be multiplied by five. The resulting figure shall be added to the percentage of loss determined in the same manner for the poorer ear and that sum shall be divided by six. The resulting quotient percentage shall represent the binaural hearing impairment for which compensation shall be paid according to §62-9-6.
Source:
SL 1986, ch 427, §4.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-5 - Deductions from total average decibel loss.

62-9-5. Deductions from total average decibel loss.
Before determining the percentage of hearing impairment, in order to allow for the average hearing loss from nonoccupational causes found in the population at any given age, there shall be deducted from the total average decibel loss, one-half decibel for each year of the employee's age over forty-five years at the time of last exposure to occupational noise. Other appropriate deductions established by competent specialist opinion which exceed the foregoing allowance for presbycusis shall also be deducted.
Source:
SL 1986, ch 427, §5.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-6 - Amount of compensation payable for total or partial hearing loss.

62-9-6. Amount of compensation payable for total or partial hearing loss.
There shall be payable for total occupational loss of hearing under this chapter, one hundred fifty weeks of compensation. Partial occupational loss of hearing shall be in the proportion of one hundred fifty weeks as the partial loss bears to the total loss.
Source:
SL 1986, ch 427, §6.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-7 - No benefits for temporary total or partial disability or for tinnitus.

62-9-7. No benefits for temporary total or partial disability or for tinnitus.
No compensation benefits are payable for temporary total or temporary partial disability under this chapter, and there may be no award for tinnitus hereunder.
Source:
SL 1986, ch 427, §7.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-8 - No benefits where employee fails to regularly use employer-provided protection devices.

62-9-8. No benefits where employee fails to regularly use employer-provided protection devices.
No compensation benefits are payable for occupational loss of hearing caused by excessive noise if the employee fails to regularly use the employer-provided protection device or devices which are capable of preventing loss of hearing from the particular excessive noise where the employee works.
Source:
SL 1986, ch 427, §8.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-9 - What employer is liable for compensation--Duration of exposure required for compensability.

62-9-9. What employer is liable for compensation--Duration of exposure required for compensability.
The employer liable for the compensation under this chapter is the employer in whose employment the employee was last exposed to excessive noise in this state during a period of ninety working days or parts thereof. No exposure during a period of less than ninety working days or parts thereof may be held to be an injurious exposure.
Source:
SL 1986, ch 427, §9.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-10 - Liability for pre-employment and nonoccupational losses--Loss prior to July 1, 1974.

62-9-10. Liability for pre-employment and nonoccupational losses--Loss prior to July 1, 1974.
An employer is liable for the entire occupational hearing loss to which his employment has contributed; but, if previous deafness is established by a hearing test or other competent evidence, whether or not the employee was exposed to excessive noise within six months preceding such test, the employer is not liable for previous loss so established, nor is he liable for any loss for which compensation has previously been paid or awarded. The employer is liable only for the difference between the percentage of occupational hearing loss determined as of the date of disability, and the percentage of loss established by pre-employment and audiometric examinations excluding, in any event, hearing losses arising from nonoccupational causes. Hearing loss established by hearing tests or other competent evidence to have occurred prior to July 1, 1974, is not compensable.
Source:
SL 1986, ch 427, §10.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-11 - Effect of hearing aid use on compensation--Provision of hearing aid by employer.

62-9-11. Effect of hearing aid use on compensation--Provision of hearing aid by employer.
No reduction in an award of compensation for occupational hearing loss may be made because the ability of the employee to understand speech is improved by the use of a hearing aid. During the period of exposure to excessive noise without regard to the period of time in a noninjurious environment required before a claim may be filed, the Department of Labor and Regulation may require the employer to provide the employee with necessary hearing aids if the hearing aid will materially improve the employee's ability to understand speech.
Source:
SL 1986, ch 427, §11; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-12 - Removal from exposure for six-month period prerequisite to filing of claim--Limitation period applicable to claims--How claims to be filed.

62-9-12. Removal from exposure for six-month period prerequisite to filing of claim--Limitation period applicable to claims--How claims to be filed.
No claim for occupational hearing loss may be filed until the employee has been removed from exposure to excessive noise for at least a period of six months. Removal from exposure occurs when an employee is transferred to a working environment free from excessive noise, or upon separation from employment. Any claim not filed within two years after the employee has been removed from the exposure to excessive noise for the six month period is forever barred. Claims under this chapter shall be filed in the same manner and under the same requirements as claims for compensation for injury or accident.
Source:
SL 1986, ch 427, §12.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-14 - Compensability of hearing loss caused by explosion or trauma.

62-9-14. Compensability of hearing loss caused by explosion or trauma.
Hearing loss caused by explosion or other trauma is not compensable under this chapter, but the rights to compensation for such loss shall be determined under the provisions of this title for losses caused by injury or accident.
Source:
SL 1986, ch 427, §14.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 09 - Compensation For Permanent Loss Of Hearing › Section 62-9-15 - Applicability of Title 62.

62-9-15. Applicability of Title 62.
All provisions of this title apply to compensable occupational hearing losses except to the extent that they are inconsistent with the provisions of this chapter.
Source:
SL 1986, ch 427, §15.
2023 Tennessee Code › Title 1 - CODE AND STATUTES (§§ 1-1-101 — 1-3-123) › Chapter 1 - CODE COMMISSION (§§ 1-1-101 — 1-1-116) › Section 1-1-101 - Composition of commission - Vacancies

(a)
There is created a Tennessee code commission of five (5) members composed of the chief justice of the supreme court, the attorney general and reporter, a director of the office of legal services for the general assembly, and two (2) other members appointed by the chief justice.
(b)
In the event of a vacancy for any cause in the appointed membership, the vacancy shall be filled by appointment by the chief justice.
Amended by 2016 Tenn. Acts, ch. 603,s 1, eff. 3/17/2016.
Acts 1953, ch. 80, § 1; 1977, ch. 89, § 16; T.C.A. (orig. ed.), § 1-101.
2023 Tennessee Code › Title 1 - CODE AND STATUTES (§§ 1-1-101 — 1-3-123) › Chapter 1 - CODE COMMISSION (§§ 1-1-101 — 1-1-116) › Section 1-1-102 - Chair - Executive secretary

(a)
The chief justice shall serve as chair of the commission.
(b)
The revisor of statutes within the office of legal services for the general assembly shall serve as executive secretary of the commission.
Amended by 2016 Tenn. Acts, ch. 603,s 2, eff. 3/17/2016.
Acts 1953, ch. 80, § 6; 1977, ch. 89, § 17; T.C.A. (orig. ed.), § 1-102.
2023 Tennessee Code › Title 1 - CODE AND STATUTES (§§ 1-1-101 — 1-3-123) › Chapter 1 - CODE COMMISSION (§§ 1-1-101 — 1-1-116) › Section 1-1-103 - Staff services for commission

The office of legal services for the general assembly shall provide all staff services for the commission.
Acts 1953, ch. 80, § 2; 1977, ch. 89, § 18; T.C.A. (orig. ed.), § 1-103.
2023 Tennessee Code › Title 1 - CODE AND STATUTES (§§ 1-1-101 — 1-3-123) › Chapter 1 - CODE COMMISSION (§§ 1-1-101 — 1-1-116) › Section 1-1-104 - Successor to 1953 commission

The Tennessee code commission, created by §
1-1-101
, shall be the immediate successor to the commission created by Chapter 80 of the Public Acts of 1953.
Acts 1953, ch. 80, § 7; 1977, ch. 89, § 19; T.C.A. (orig. ed.), § 1-104.
2023 Tennessee Code › Title 1 - CODE AND STATUTES (§§ 1-1-101 — 1-3-123) › Chapter 1 - CODE COMMISSION (§§ 1-1-101 — 1-1-116) › Section 1-1-105 - Publication of Tennessee Code Annotated

(a)
The Tennessee code commission is hereby authorized and directed to formulate and supervise the execution of plans for the compilation, arrangement, classification, annotation, editing, indexing, printing, binding, publication, sale, distribution and the performance of all other acts necessary for the publication of an official compilation of the statutes, codes and session laws of the state of Tennessee of a public and general nature, now existing and to be enacted in the future, including an electronically searchable database of such code, which official compilation shall be known as "Tennessee Code Annotated."
(b)
"Publication," as used in this chapter, includes the necessary actions by whatever means and in whatever form for development of a Tennessee Code database.
Acts 1953, ch. 80, § 1; T.C.A. (orig. ed.), § 1-105; Acts 1984, ch. 660, §§ 1, 2.
2023 Tennessee Code › Title 1 - CODE AND STATUTES (§§ 1-1-101 — 1-3-123) › Chapter 1 - CODE COMMISSION (§§ 1-1-101 — 1-1-116) › Section 1-1-106 - Powers of commission - Contracts

(a)
The Tennessee code commission has full power and authority on behalf of the state of Tennessee to perform all acts and to negotiate and enter into all contracts necessary for and expedient to the successful production and publication of a revised compilation of the statutory laws of Tennessee, including the power and authority to enter into contracts with a law book publisher for the editing, compiling, annotating, indexing, printing, binding, publication, sale and distribution of the revised compilation and the performance and execution of all other publication plans formulated by the commission.
(b)
Nothing in this chapter shall be construed to render invalid or impair the obligations of any contract previously entered into by the commission for the purposes set forth in this section or with a suitable contractor for an electronically searchable database of such code.
Acts 1953, ch. 80, § 2; modified; T.C.A. (orig. ed.), § 1-106; Acts 1984, ch. 660, § 3.
2023 Tennessee Code › Title 1 - CODE AND STATUTES (§§ 1-1-101 — 1-3-123) › Chapter 1 - CODE COMMISSION (§§ 1-1-101 — 1-1-116) › Section 1-1-107 - Specifications in contract - Price of supplements and replacement volumes

(a)
Any contract with a law book publisher for the purposes referred to in §§
1-1-105
and
1-1-106
shall prescribe the specifications for the publication of the revised compilation, including the size of type to be used in the text of the statutes and the annotations, the grade and weight of the paper to be used, the size of the volumes, appropriate provisions for the insertion of pocket supplements and the publication of replacement volumes, the price at which Tennessee Code Annotated shall be sold in Tennessee when originally published, and such other provisions as are necessary for the full performance of the publication plans formulated by the commission.
(b)
The price at which pocket supplements and replacement volumes are to be sold from time to time in Tennessee shall be controlled by the commission in such contracts as it may, from time to time, in its discretion execute.
Acts 1953, ch. 80, § 3; T.C.A. (orig. ed.), § 1-107.
2023 Tennessee Code › Title 1 - CODE AND STATUTES (§§ 1-1-101 — 1-3-123) › Chapter 1 - CODE COMMISSION (§§ 1-1-101 — 1-1-116) › Section 1-1-109 - Seal and certificate

The commission has the authority to design and adopt an appropriate certificate and distinctive seal on behalf of the state, a copy of which shall be included in each copy of each volume and pocket supplement of "Tennessee Code Annotated."
Acts 1953, ch. 80, § 2; T.C.A. (orig. ed.), § 1-109.
2023 Tennessee Code › Title 1 - CODE AND STATUTES (§§ 1-1-101 — 1-3-123) › Chapter 1 - CODE COMMISSION (§§ 1-1-101 — 1-1-116) › Section 1-1-110 - Examination and certification of published volumes

(a)
When the commission finds that the manuscript of the revised compilation hereby authorized or any volume or pocket supplement thereof as printed, edited, annotated, indexed and bound by the law book publisher pursuant to contract conforms to the commission's publication plans and meets and satisfies the requirements of this chapter and also the requirements of the publication contract entered into pursuant to the terms of this chapter, the commission shall prepare an appropriate written certificate of approval for each volume and pocket supplement, and the commission, acting through its executive secretary or other authorized officer, shall certify in writing that the commission has approved the manuscript of the compilation and that the text of each section of the statutes printed or appearing in such volume or pocket supplement has been compared with the original section appearing in the published copies of the public acts, and that, with the exception of changes in form permitted by §
1-1-108
, the sections in the printed compilation are correctly and accurately copied.
(b)
One (1) copy of each edition of each volume and pocket supplement so approved, together with the original certificate of approval by the commission, shall be filed in the office of the secretary of state.
(c)
All other printed copies of each edition of each volume and pocket supplement shall contain a printed copy of the commission's certificate of approval.
Acts 1953, ch. 80, § 5; T.C.A. (orig. ed.), § 1-110.