reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-15 - Evidence of injury supported by medical findings.

62-1-15. Evidence of injury supported by medical findings.
In any proceeding or hearing pursuant to this title, evidence concerning any injury shall be given greater weight if supported by objective medical findings.
Source:
SL 1995, ch 296, §5A.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-16 - Employer civilly liable for retaliatory termination of employee--Burden of proof.

62-1-16. Employer civilly liable for retaliatory termination of employee--Burden of proof.
An employer is civilly liable for wrongful discharge if it terminates an employee in retaliation for filing a lawful workers' compensation claim. The burden of proof is on the employee to prove the dismissal was in retaliation for filing a workers' compensation claim.
Source:
SL 1999, ch 262, §12.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-17 - Discrimination in hiring based upon preexisting injury prohibited.

62-1-17. Discrimination in hiring based upon preexisting injury prohibited.
No employer may discriminate in hiring any prospective employee due to a preexisting injury if the preexisting injury does not affect the prospective employees' ability to perform the work for which the prospective employee is being hired.
Source:
SL 1995, ch 262, §13.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-18 - Current employer liable for costs and compensation of subsequent compensable injury.

62-1-18. Current employer liable for costs and compensation of subsequent compensable injury.
If an employee who has previously sustained an injury, or suffers from a preexisting condition, receives a subsequent compensable injury, the current employer shall pay all medical and hospital expenses and compensation provided by this title.
Source:
SL 1999, ch 262, §14.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-19 - Independent contractor affidavit of exempt status--Rebuttable presumption.

62-1-19. Independent contractor affidavit of exempt status--Rebuttable presumption.
Any independent contractor who is not an employer or a general contractor and is not covered under a workers' compensation insurance policy may sign an affidavit of exempt status under the South Dakota Workers' Compensation Law. Notwithstanding the provisions of §62-3-10, the affidavit of exempt status creates a rebuttable presumption that the affiant is not an employee for the purposes of the South Dakota Workers' Compensation Act and the person possessing the affidavit is not liable for a workers' compensation claim made by the affiant or any subcontractor of the affiant.
Source:
SL 2015, ch 262, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-20 - Contents of affidavit of exempt status.

62-1-20. Contents of affidavit of exempt status.
The affidavit must be on a form prescribed by the director of the Division of Insurance and must be notarized. The director of the Division of Insurance may promulgate rules pursuant to chapter 1-26 to provide definitions, the form and process for filing the affidavit, and documentation required for filing an affidavit of exemption from the South Dakota Workers' Compensation Law.
The affidavit of exempt status shall contain substantially the following:
(1)Statements that the affiant:
(a)Is not an employee and does not want a workers' compensation insurance policy;
(b)Has read, signed, and understands the exempt status fact sheet attachment to the affidavit;
(c)Understands that the affiant will be considered an independent contractor and will not be considered an employee under the South Dakota Workers' Compensation Law;
(d)Understands that the affiant will not be eligible for compensation under the South Dakota Workers' Compensation Law;
(e)Understands that the signing of the affidavit creates a rebuttable presumption that the affiant is not an employee for the purpose of the South Dakota Workers' Compensation Act;
(f)Understands that the signing of the affidavit does not affect the rights or coverage of any employee of the affiant;
(g)Is not signing the affidavit or providing information as a result of force, threat, coercion, compulsion, or duress; and
(h)Understands that knowingly providing false information on an affidavit of exempt status under the South Dakota Workers' Compensation Law is a Class 2 misdemeanor; and
(2)An exempt status fact sheet, to be attached to the affidavit, which:
(a)Delineates the legal requirements recognized in law for determining whether a person is an independent contractor; and
(b)Contains a statement that the affiant believes they are an independent contractor given the preceding list of legal requirements.
Source:
SL 2015, ch 262, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-21 - Providing false information on affidavit of exempt status as misdemeanor.

62-1-21. Providing false information on affidavit of exempt status as misdemeanor.
Any person who solicits or provides false information on an affidavit of exempt status under the South Dakota Workers' Compensation Law with actual knowledge is guilty of a Class 2 misdemeanor.
Source:
SL 2015, ch 262, §3.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-22 - Acceptance of affidavit of exempt status not required.

62-1-22. Acceptance of affidavit of exempt status not required.
No employer or general contractor is required to accept an affidavit of exempt status as a substitute for a certificate of workers' compensation coverage.
Source:
SL 2015, ch 262, §4.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-23 - Wheeler v. Cinna Bakers LLC regarding aggregation of wages abrogated.

62-1-23. Wheeler v. Cinna Bakers LLC regarding aggregation of wages abrogated.
The Legislature finds that the aggregation of wages from concurrent employment was not within the Legislature's intent when it enacted the definition of earnings in subdivision 62-1-1(6). Therefore, the holding in Wheeler v. Cinna Bakers LLC, 864 N.W. 2d 17, 2015 S.D. 25, regarding the aggregation of wages is abrogated.
Source:
SL 2016, ch 236, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-24 - Effect of concurrent employment on calculation of earnings for claims before May 6, 2015.

62-1-24. Effect of concurrent employment on calculation of earnings for claims before May 6, 2015.
For a workers' compensation claim arising before May 6, 2015, an employee's earnings up to the claimed date of injury are calculated exclusively on the wages earned at the place of employment where the injury occurred.
Source:
SL 2016, ch 236, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 01 - Definitions And General Provisions › Section 62-1-25 - Effect of concurrent employment on calculation of average weekly wage for claims after May 5, 2015.

62-1-25. Effect of concurrent employment on calculation of average weekly wage for claims after May 5, 2015.
For a workers' compensation claim arising after May 5, 2015, if an employee was working for more than one employer, the employee's earnings used to calculate the employee's average weekly wage in §§62-4-24, 62-4-25, or 62-4-26 shall include the amount of compensation for the number of hours commonly regarded as a day's work for each employer in which the person was concurrently employed at the time of the person's injury; however, an employee's earnings from concurrent employment are aggregated only if the injury occurred when the employee was actively working in the concurrent employment and when the injury prevents the employee from performing the employee's duties at the employee's other concurrent employment.
Source:
SL 2016, ch 236, §3.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-5 - Enforcement of title--Rules promulgation.

62-2-5. Enforcement of title--Rules promulgation.
The Department of Labor and Regulation shall carry out and enforce the provisions of this title. The department may promulgate rules pursuant to chapter 1-26 governing procedures in worker's compensation hearings, petitions, interested parties, summary judgments, dismissals, applications in self-insurance, and related procedural matters.
Source:
SL 1917, ch 376, §§29, 31; RC 1919, §§9464, 9466; SL 1925, ch 302, §1; SDC 1939, §64.0501; SL 1993, ch 375, §39; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-6 - Investigations--Subpoena of witnesses and records.

62-2-6. Investigations--Subpoena of witnesses and records.
The department may subpoena witnesses, administer oaths, and examine such books and records of the parties to a proceeding or investigation as relate to questions in dispute or under investigation. The circuit court may enforce the provisions of this title relating to the attendance and testimony of witnesses and the examination of books and records.
Source:
SL 1917, ch 376, §31; RC 1919, §9466; SDC 1939, §64.0501; SL 2008, ch 278, §3.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-10 - Workers' Compensation Advisory Council--Members--Expenses--Terms--Quorum--Duties--Report.

62-2-10. Workers' Compensation Advisory Council--Members--Expenses--Terms--Quorum--Duties--Report.
The Governor shall appoint a State Workers' Compensation Advisory Council, composed of nine members, four representing employees, two of whom shall be from recommendations submitted by the South Dakota Federation of Labor. No employee representative may be a member of a personnel department. Four shall represent employers. The ninth member appointed shall serve as chair. The members may not be all of the same political party. Expenses of council members shall be paid by the Department of Labor and Regulation. The length of terms is three years with no more than three expiring each year. Members shall serve until a new appointment is made by the Governor. The secretary of labor and regulation is a nonvoting member. Five of the nine voting members of the council are a quorum for meetings. Any recommendations by the advisory council shall be by majority vote of the nine voting members.
The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.
The council shall aid the Department of Labor and Regulation in reviewing the workers' compensation program as to its content, adequacy, and effectiveness and make recommendations for improvement. The council shall meet as frequently as necessary but not less than twice each year. The council shall make reports of its meetings that shall include a record of council discussions, including all issues voted upon and the vote count, and council recommendations. The council shall make an annual report to the Governor and Legislature by December thirty-first of each year. The department shall make the reports available to any interested persons or groups.
Source:
SL 1992, ch 364, §1; SL 1994, ch 396, §1; SL 1999, ch 261, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §§33, 162, eff. Apr. 12, 2011; SL 2012, ch 16, §3; SL 2013, ch 176, §3; SL 2019, ch 218, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-10.1 - Contents of advisory council annual report.

62-2-10.1. Contents of advisory council annual report.
The Workers' Compensation Advisory Council shall include in its annual report data about the average amount of disability or fatality benefits paid for a claim over the most recent calendar years, the ratio of disability and fatality benefits to overall benefits paid, and any changes in premium base rates directly attributable to including concurrent earnings in benefits. It shall report to the 2019 Legislature the impact of SL 2016, ch 236.
Source:
SL 2016, ch 236, §6.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-11 - Posting safety information.

62-2-11. Posting safety information.
Employers shall display informational postings promoting safety in the workplace in visible locations throughout the business premises in accordance with rules promulgated by the Department of Labor and Regulation pursuant to chapter 1-26.
Source:
SL 1992, ch 364, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-12 - Small claims procedure for medical expense claims.

62-2-12. Small claims procedure for medical expense claims.
The department shall establish a small claims procedure for medical expense claims not exceeding eight thousand dollars. The procedure may only be used for a medical expense claim incurred after the department has held a hearing and has adjudicated the underlying injury as compensable or after the department has approved an agreement as to compensation or a memorandum of payment for permanent partial disability.
Source:
SL 2006, ch 271, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-13 - Promulgation of rules regarding small claims procedure.

62-2-13. Promulgation of rules regarding small claims procedure.
The department shall, by rules promulgated pursuant to chapter 1-26, provide for the manner in which the disputed claims shall be presented and the forms required from the claimant and from employers.
Source:
SL 2006, ch 271, §2.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-14 - Initiation of claim.

62-2-14. Initiation of claim.
Any claimant pursuant to §§62-2-12 to 62-2-22, inclusive, shall initiate a claim by completing a form provided by the department.
Source:
SL 2006, ch 271, §3.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-16 - Setoff or counterclaim.

62-2-16. Setoff or counterclaim.
Any party claimed against may assert any setoff or counterclaim that is within the jurisdiction of the department.
Source:
SL 2006, ch 271, §5.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-18 - Evidence.

62-2-18. Evidence.
Any medical record, correspondence, medical bill, and expert report and correspondence is admissible as evidence. Nothing in §§62-2-12 to 62-2-22, inclusive, precludes an employer or insurer from obtaining an examination pursuant to §62-7-1.
Source:
SL 2006, ch 271, §7.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-19 - Release and disclosure of medical records.

62-2-19. Release and disclosure of medical records.
Upon the request of any party claimed against, the claimant shall provide an executed medical release in a form prescribed by the department, sufficiently in advance of the hearing to allow the party claimed against to obtain such medical records as it deems appropriate. Any party shall disclose to the other party any medical record that is within the party's possession and is relevant to the claim in dispute.
Source:
SL 2006, ch 271, §8.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-20 - Appeal.

62-2-20. Appeal.
Within fifteen days after receiving the decision by the department, any party may appeal the decision to the secretary of labor and regulation. The secretary of labor and regulation may on the secretary's own motion affirm, modify, or set aside any decision on the basis of the evidence previously submitted in the case or the secretary may direct the taking of additional evidence. The secretary shall promptly notify the interested parties of the secretary's findings and decision. Any decision of the secretary is the final decision of the department. Any final decision of the department may be appealed as provided in chapter 1-26.
Source:
SL 2006, ch 271, §9; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-21 - Representation by counsel or agent--Fee for services.

62-2-21. Representation by counsel or agent--Fee for services.
Any claimant in any proceeding before the department may be represented by counsel or other duly authorized agent, but no such counsel or agent may either charge or receive for such services more than an amount approved by the department. An employer or insurer, including a corporate employer or insurer, may be represented before the department by counsel, an employee, or a corporate officer.
Source:
SL 2006, ch 271, §10.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 02 - Administration Of Title › Section 62-2-22 - Findings, conclusions, and decision not admissible as evidence in separate proceeding.

62-2-22. Findings, conclusions, and decision not admissible as evidence in separate proceeding.
Any finding of fact, conclusion of law, decision, or final order made in a small claims proceeding may not be used as evidence in any separate or subsequent action or proceeding between anyone in any tribunal, agency, or court of this state or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts.
Source:
SL 2006, ch 271, §11.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-1 - Measure of responsibility assumed by employer.

62-3-1. Measure of responsibility assumed by employer.
The compensation provided by this title is the measure of responsibility which the employer has assumed for injuries to or death of any employee.
Source:
SL 1917, ch 376, §27; RC 1919, §9462; SDC 1939, §64.0103; SL 2008, ch 278, §4.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-2 - Rights and remedies of employees limited.

62-3-2. Rights and remedies of employees limited.
The rights and remedies granted to an employee subject to this title, on account of personal injury or death arising out of and in the course of employment, shall exclude all other rights and remedies of the employee, the employee's personal representatives, dependents, or next of kin, on account of such injury or death against the employer or any employee, partner, officer, or director of the employer, except rights and remedies arising from intentional tort.
Source:
SL 1917, ch 376, §5; RC 1919, §9440; SDC 1939, §64.0104; SL 1977, ch 422; SL 1978, ch 370, §2; SL 2008, ch 278, §5.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-3 - Employer and employee bound by provisions of title--Exceptions.

62-3-3. Employer and employee bound by provisions of title--Exceptions.
Every employer and employee shall be presumed to have accepted the provisions of this title, and shall be thereby bound, whether injury or death resulting from such injury occurs within this state or elsewhere, except as provided by §§62-3-4 to 62-3-5.1, inclusive.
Source:
SL 1917, ch 376, §§2, 18; RC 1919, §§9437, 9453; SDC 1939, §64.0105; SL 1971, ch 279, §1; SL 1978, ch 370, §3.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-4 - Employment covered by federal compensation law not subject to title.

62-3-4. Employment covered by federal compensation law not subject to title.
Other than chapter 62-6, this title does not apply to any employee engaged in interstate or foreign commerce, or to any such employee's employer, in any case where the laws of the United States provide for compensation, or for liability for injury or death by accident of the employee.
Source:
SL 1917, ch 376, §17; RC 1919, §9452; SDC 1939, §64.0105 (1); SL 2008, ch 278, §6.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-5 - Security required for acceptance of title.

62-3-5. Security required for acceptance of title.
No employer other than the state, a municipality, or other political subdivision of this state may be deemed to have accepted the provisions of this title unless the employer has complied with the provisions of §§62-5-1 to 62-5-5, inclusive.
Source:
SDC 1939, §64.0105 (2); SL 2008, ch 278, §7.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-5.1 - Notice by corporate officer rejecting coverage--Withdrawal of rejection.

62-3-5.1. Notice by corporate officer rejecting coverage--Withdrawal of rejection.
Section 62-3-3 does not apply to an executive officer of a corporation who, at the time of the officer's election or appointment, or more than thirty days prior to the officer's injury or death or, in the case of chapter 62-8, thirty days prior to contracting or incurring any occupational disease, serves upon the corporation, personally or by certified mail, written notice of election to reject the provisions of this title. The rejection may be withdrawn by the officer by serving a written notice in the same manner upon the corporation more than thirty days prior to the officer's injury or death or, in the case of chapter 62-8, thirty days prior to contracting or incurring any occupational disease.
Source:
SDCL §62-3-3 as added by SL 1971, ch 279, §1; SL 1978, ch 370, §4; SL 2008, ch 278, §8.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-10 - Liability to subcontractor's employee.

62-3-10. Liability to subcontractor's employee.
A principal, intermediate, or subcontractor is liable for compensation to any employee injured while in the employ of any subcontractor and engaged upon the subject matter of the contract, to the same extent as the immediate employer. Any principal, intermediate, or subcontractor who pays compensation under the provisions of this section may recover the amount paid from any person, who, independently of this section, would have been liable to pay compensation to the injured employee. Each claim for compensation under this section shall in the first instance be presented to and instituted against the immediate employer, but such proceeding does not constitute a waiver of the employee's rights to recover compensation under this title from the principal or intermediate contractor. However, the collection of full compensation from one employer bars recovery by the employee against any others. The employee may not collect from all a total compensation in excess of the amount for which any contractor is liable. This section applies only in cases where the injury occurred on, in, or about the premises on which the principal contractor has undertaken to execute work or which are otherwise under the contractor's control or management.
Source:
SL 1917, ch 376, §12; RC 1919, §9447; SDC 1939, §64.0108; SL 2008, ch 278, §9.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-11 - Election to proceed against employer--Options.

62-3-11. Election to proceed against employer--Options.
Any employee, who is employed by an employer who is deemed not to operate under this title in accordance with §62-5-7, or the dependents of such deceased employee, may elect to proceed against the employer in any action at law to recover damages for personal injury or death; or may elect to proceed against the employer in circuit court under the provisions of this title, as if the employer had elected to operate thereunder by complying with §§62-5-1 to 62-5-5, inclusive. The measure of benefits shall be that provided by §62-4-1 plus twice the amount of other compensation allowable under this title. However, no employee nor any dependent of the employee may recover from both actions.
Source:
SL 1917, ch 376, §9; RC 1919, §9444; SDC 1939, §64.0109; SL 1971, ch 279, §6; SL 1974, ch 333, §2; SDCL Supp, §62-3-11.2; SL 1977, ch 421, §5; SL 2008, ch 278, §10.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-13 - Penalty for failure to perform statutory duty unaffected.

62-3-13. Penalty for failure to perform statutory duty unaffected.
Nothing in this title may be construed to relieve any employer or employee from any penalty imposed for failure or neglect to perform any statutory duty in connection with such employment.
Source:
SL 1917, ch 376, §6; RC 1919, §9441; SDC 1939, §64.0111; SL 2008, ch 278, §11.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-14 - Reciprocity with other states.

62-3-14. Reciprocity with other states.
In any case where another state shall recognize workers' compensation coverage pursuant to the provisions of the South Dakota law as meeting the requirements of workers' compensation coverage under the laws of that state, reciprocity shall be granted worker's compensation coverage pursuant to the foreign law in this state.
Source:
SDC 1939, §64.0113 as enacted by SL 1951, ch 466.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-15 - Exemption of domestics, agricultural laborers or workfare participants.

62-3-15. Exemption of domestics, agricultural laborers or workfare participants.
Except as provided in §§28-1-59, 62-3-16, and 62-3-17, this title does not apply to:
(1)Domestic servants unless working for an employer for more than twenty hours in any calendar week and for more than six weeks in any thirteen-week period; or
(2)Farm or agricultural laborers; or
(3)Work activity participants.
Source:
SDC 1939, §64.0201; SL 1974, ch 333, §5; SL 1975, ch 323, §1; SL 1982, ch 202, §2B; SL 1997, ch 166, §26.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-16 - Agricultural work subject to title--Liability insurance required.

62-3-16. Agricultural work subject to title--Liability insurance required.
The provisions of this title, not inconsistent with the provisions of this section, apply to the business of operating threshing machines, grain combines, corn shellers, cornhuskers, shredders, silage cutters, and seed hullers for profit, but do not apply to the operation of any thereof by the owner thereof for the threshing, combining, corn shelling, cornhusking, shredding, silage cutting, or seed hulling of the owner's grain crops, nor to any operations in the nature of exchange of work between farmers, nor to persons who are not generally engaged in the operation of such machines for commercial purposes. Before any person engaging in such business, and being under the provisions of this title, shall operate any such machine, the person shall secure liability under this title as provided in §§62-5-1 to 62-5-5, inclusive. Any contract by any such person for threshing or combining of any grain, corn shelling, cornhusking, shredding, silage cutting, and seed hulling by machinery without first having procured and filed such policy or such certificate, is null and void, and no compensation is recoverable under the contract.
Source:
SL 1919, ch 362; SL 1921, ch 423; SL 1931, ch 269; SDC 1939, §64.0201; repealed SL 1974, ch 333, §7; re-enacted SL 1975, ch 323, §2; SL 2008, ch 278, §12.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-17 - Voluntary waiver of exemption by insuring liability.

62-3-17. Voluntary waiver of exemption by insuring liability.
As to any employee excepted under §62-3-15, the employer may place himself or herself under the provisions of this title by voluntarily insuring his or her liability as provided in §§62-5-1 to 62-5-5, inclusive.
Source:
SL 1923, ch 312; SDC 1939, §64.0201; SL 1974, ch 333, §6; SL 2008, ch 278, §13.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 03 - Covered Employment And Employer's Responsibility › Section 62-3-18 - Obligation created by title not waived by contract.

62-3-18. Obligation created by title not waived by contract.
No contract or agreement, express or implied, no rule, regulation, or other device, may in any manner operate to relieve any employer in whole or in part of any obligation created by this title except as provided by this title.
Source:
SL 1917, ch 376, §13; RC 1919, §9448; SDC 1939, §64.0302; SL 2008, ch 278, §14.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-1 - Medical and hospital expense.

62-4-1. Medical and hospital expense.
The employer shall provide necessary first aid, medical, surgical, and hospital services, or other suitable and proper care including medical and surgical supplies, apparatus, artificial members, and body aids during the disability or treatment of an employee within the provisions of this title. Repair or replacement of damaged prosthetic devices is compensable and is considered a medical service under this section if the devices were damaged or destroyed in a work related accident. Repair or replacement of damaged hearing aids, dentures, prescription eyeglasses, eyeglass frames, or contact lenses is considered a medical service under this section if the hearing aids, dentures, prescription eyeglasses, eyeglass frames, or contact lenses were damaged or destroyed in an accident which also causes another injury which is compensable under this law. The employee shall have the initial selection to secure the employee's own physician, surgeon, or hospital services at the employer's expense. If the employee selects a health care provider located in a community not the home or workplace of the employee, and a health care provider is available to provide the services needed by the employee in the local community or in a closer community, no travel expenses need be paid by the employer or the employer's insurer.
Source:
SDC 1939, §64.0401; SL 1939, ch 297, §1; SL 1943, ch 314; SL 1949, ch 442; SL 1951, ch 468; SL 1959, ch 455; SL 1963, ch 458; SL 1965, ch 305; SL 1969, ch 285; SL 1970, ch 277; SL 1971, ch 280; SL 1973, ch 310, §1; SL 1989, ch 451, §1; SL 1990, ch 416, §1; SL 1993, ch 375, §39A; SL 1993, ch 381, §1; SL 1999, ch 261, §4.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-1.1 - Employer's duties upon receipt of medical bill.

62-4-1.1. Employer's duties upon receipt of medical bill.
Within thirty days after receiving a properly submitted bill for medical payments, the employer shall:
(1)Pay the charge or any portion of the bill that is not denied;
(2)Deny all or a portion of the bill on the basis that the injury is not compensable, or the service or charge is excessive or not medically necessary; or
(3)Request additional information to determine whether the charge or service is excessive or not medically necessary or whether the injury is compensable.
Source:
SL 2008, ch 279, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-1.2 - Fine for noncompliance.

62-4-1.2. Fine for noncompliance.
An employer that fails, refuses, or neglects to comply with the provisions of §62-4-1.1 is subject to a administrative fine of five hundred dollars payable to the Department of Labor and Regulation for each act of noncompliance, unless the employer had good cause for noncompliance. The department may promulgate rules pursuant to chapter 1-26 to establish standards for medical bill submissions pursuant to §62-4-1.1.
Source:
SL 2008, ch 279, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-1.3 - Release of medical records.

62-4-1.3. Release of medical records.
Upon the request of an employer, an employee subject to this title shall supply a signed medical release to allow copying of any medical record and report relevant to the employee's claim for workers' compensation. If the employee objects to the relevance of any medical record or report, an administrative law judge within the department shall, upon a showing of good cause for the release of such record or report, approve the release of the medical record or report relevant to the employee's claim, to the employer. The employer shall, upon request, provide a copy of all medical records and reports received, to the employee, without cost to the employee.
Source:
SL 2008, ch 279, §3.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-2 - Waiting period for temporary disability benefits.

62-4-2. Waiting period for temporary disability benefits.
No temporary disability benefits may be paid for an injury which does not incapacitate the employee for a period of seven consecutive days. If the seven day waiting period is met, benefits shall be computed from the date of the injury.
Source:
SDC 1939, §64.0403(1); SL 1939, ch 297, §2; SL 1947, ch 424, §2; SL 1949, ch 443; SL 1953, ch 486, §1; SL 1957, ch 494, §1; SL 1959, ch 457, §1; SL 1963, ch 460, §1; SL 1966, ch 264, §1; SL 1968, ch 268; SL 1972, ch 270; SL 1974, ch 334; SL 1984, ch 340; SL 1994, ch 396, §16.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-3 - Amount of temporary total disability compensation.

62-4-3. Amount of temporary total disability compensation.
The amount of temporary total disability compensation paid to an employee for an injury is equal to sixty-six and two-thirds percent of the employee's earnings, but not more than one hundred percent computed to the next higher multiple of one dollar of the average weekly wage in the state as defined in §62-4-3.1 per week and not less than one-half of the foregoing percentages of the average weekly wage of the state per week. However, if an employee earned less than fifty percent of the maximum allowable amount per week, the amount of compensation may not exceed one hundred percent of the employee's earnings calculated after the earnings have been reduced by any deduction for federal or state taxes, or both, and for the Federal Insurance Contributions Act made from such employee's total wages received during the period of calculation of the employee's earnings.
Source:
SDC 1939, §64.0403(1); SL 1939, ch 297, §2; SL 1947, ch 424, §2; SL 1949, ch 443; SL 1953, ch 486, §1; SL 1957, ch 494, §1; SL 1959, ch 457, §1; SL 1963, ch 460, §1; SL 1966, ch 264, §1; SL 1968, ch 268; SL 1970, ch 278; SL 1971, ch 281; SL 1972, ch 271; SL 1973, ch 309, §1; SL 1976, ch 322, §1; SL 1978, ch 370, §5; SL 1984, ch 341; SL 1996, ch 307, §3.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-3.1 - Annual computation of average weekly wage in state--Period for which applied.

62-4-3.1. Annual computation of average weekly wage in state--Period for which applied.
For the purpose of §62-4-3 the average weekly wage in the state shall be determined by the Department of Labor and Regulation as follows: On or before June first of each year, the total wages reported on contribution reports to the agency administering the Employment Security Act for the preceding calendar year shall be divided by the average monthly number of insured workers (determined by dividing the total insured workers reported for the preceding year by twelve). The average annual wage thus obtained shall be divided by fifty-two and the average weekly wage thus determined rounded to the nearest cent. The average weekly wage so determined shall apply to injuries and disablements in the case of disease which occur within the fiscal year commencing July first following the June first determination and shall be applicable for the full period during which weekly benefits are payable, except as provided in §62-7-33.
Source:
SL 1973, ch 309, §2; SL 1981, ch 373; SL 1993, ch 383, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-5 - Compensation for partial disability.

62-4-5. Compensation for partial disability.
If, after an injury has been sustained, the employee as a result thereof becomes partially incapacitated from pursuing the employee's usual and customary line of employment, or if the employee has been released by the employee's physician from temporary total disability and has not been given a rating to which §62-4-6 would apply, the employee shall receive compensation, subject to the limitations as to maximum amounts fixed in §62-4-3, equal to one-half of the difference between the average amount which the employee earned before the accident, and the average amount which the employee is earning or is able to earn in some suitable employment or business after the accident. If the employee has not received a bona fide job offer that the employee is physically capable of performing, compensation shall be at the rate provided by §62-4-3. However, in no event may the total calculation be less than the amount the claimant was receiving for temporary total disability, unless the claimant refuses suitable employment.
Source:
SDC 1939, §64.0403 (3); SL 1963, ch 460, §2; SL 1969, ch 286; SL 1971, ch 282; SL 1978, ch 370, §7; SL 1993, ch 379, §2; SL 1995, ch 296, §8; SL 1999, ch 261, §5.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-5.1 - Compensation during period of rehabilitation--Procedure.

62-4-5.1. Compensation during period of rehabilitation--Procedure.
If an employee suffers disablement as defined by subdivision 62-8-1(3) or an injury and is unable to return to the employee's usual and customary line of employment, the employee shall receive compensation at the rate provided by §62-4-3 up to sixty days from the finding of an ascertainable loss if the employee is actively preparing to engage in a program of rehabilitation as shown by a certificate of enrollment. Moreover, once such employee is engaged in a program of rehabilitation which is reasonably necessary to restore the employee to suitable, substantial, and gainful employment, the employee shall receive compensation at the rate provided by §62-4-3 during the entire period that the employee is engaged in such program. Evidence of suitable, substantial, and gainful employment, as defined by §62-4-55, shall only be considered to determine the necessity for a claimant to engage in a program of rehabilitation.
The employee shall file a claim with the employee's employer requesting such compensation and the employer shall follow the procedure specified in chapter 62-6 for the reporting of injuries when handling such claim. If the claim is denied, the employee may petition for a hearing before the department.
Source:
SL 1974, ch 333, §4; SL 1978, ch 370, §8; SL 1989, ch 451, §2; SL 1990, ch 30, §20; SL 1994, ch 396, §9; SL 1998, ch 299, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-7 - Compensation for permanent total disability--Annual increase.

62-4-7. Compensation for permanent total disability--Annual increase.
In case of total disability as defined in subdivision 62-4-6(23), compensation shall be paid at the rate provided by §62-4-3 for life with an annual increase in the amount of the benefit allowance for each year commencing on the July first that is at least twelve months following the date on which the benefit was first payable equal to one hundred percent of the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the United States Department of Labor for the prior calendar year, not to exceed a three percent increase compounded annually.
For injuries occurring on or after July 1, 1993, if an employee is entitled to compensation under this section and is also receiving old-age insurance benefits under section 202 of the Social Security Act (42 U.S.C., §402), the compensation payable shall be a sum equal to one hundred fifty percent of the compensation payable under §62-4-7 less the old-age insurance benefit under §202 of the Social Security Act (42 U.S.C., §402). However, benefits payable by the employer may not exceed the amount payable pursuant to §62-4-7. This section does not apply to any person who is entitled to old-age insurance benefits at the time of the injury.
Source:
SL 1917, ch 376, §24; RC 1919, §9459 (6); SL 1919, ch 363, §5; SL 1921, ch 419, §2; SDC 1939, §64.0403 (5); SL 1947, ch 424, §4; SL 1953, ch 486, §2; SL 1957, ch 494, §2; SL 1959, ch 457, §2; SL 1963, ch 460, §3; SL 1966, ch 264, §2; SL 1967, ch 347; SL 1968, ch 269; SL 1970, ch 279; SL 1973, ch 311; SL 1978, ch 370, §11; SL 1988, ch 417; SL 1993, ch 379, §§3, 3A.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-7.1 - Prospective application of benefit increase in § 62-4-7.

62-4-7.1. Prospective application of benefit increase in §62-4-7.
The annual increase in benefit allowance provided by §62-4-7 also applies to any total disability occurring before July 1, 1989. The annual increase in benefit allowance for such a total disability applies prospectively from July 1, 2000.
Source:
SL 2000, ch 253, §1.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-8 - Death resulting from injury--Payments to personal representative or beneficiaries of deceased.

62-4-8. Death resulting from injury--Payments to personal representative or beneficiaries of deceased.
In case death occurs as a result of the injury, then if the employee leaves any spouse, child, parent, grandparent, or lineal heir entitled to compensation under §§62-4-12 to 62-4-15, inclusive, the compensation shall be paid at the option of the employer, either to the personal representative or the beneficiaries of the deceased employee and distributed as provided in §62-4-17. However, in no case may the amount payable under this section be less than five hundred dollars.
Source:
SL 1917, ch 376, §24; RC 1919, §9459 (7); SDC 1939, §64.0403 (6); SL 1964, ch 225, §2; SL 1978, ch 359, §25; SL 2008, ch 278, §15.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-8.1 - Scholarships provided to certain persons receiving workers' compensation benefits--Eligibility.

62-4-8.1. Scholarships provided to certain persons receiving workers' compensation benefits--Eligibility.
Scholarships shall be provided for the spouses and dependent children of employees who die as a result of compensable work-related injuries if the dependents are entitled to benefits pursuant to this chapter. Scholarships are payable to accredited postsecondary education institutions in South Dakota on behalf of the dependent students attending the institutions. Eligible dependents may qualify for a maximum of two thousand dollars per year, while attending a postsecondary education institution. No student may receive assistance pursuant to this section for more than five years. The secretary of the Department of Labor and Regulation shall promulgate rules, pursuant to chapter 1-26, to implement this section.
Source:
SL 1998, ch 300, §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 62-4-10 - Installment payments of compensation.

62-4-10. Installment payments of compensation.
All compensation provided for in §§62-4-3 to 62-4-7, inclusive, shall be paid in installments at the same intervals at which the wages or earnings of the employee were paid at the time of the injury. However, if this is not feasible, then the installments shall be paid weekly.
Source:
SL 1917, ch 376, §24; RC 1919, §9459 (9); SDC 1939, §64.0403 (8); SL 2008, ch 278, §16.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-10.1 - Penalty for untimely payment of installments--Other remedies.

62-4-10.1. Penalty for untimely payment of installments--Other remedies.
Failure to make any payment of workers' compensation benefits pursuant to §62-4-10 within ten days of the date on which the payment is due shall result in an automatic penalty equal to ten percent of the unpaid amount. Nothing herein precludes any other remedy available to the claimant.
Source:
SL 1991, ch 418.
2023 South Dakota Codified Laws › Title 62 - Workers' Compensation › Chapter 04 - Compensation For Injury Or Death › Section 62-4-11 - Specific bodily injuries--Death before full payment of installments--Payments to dependents.

62-4-11. Specific bodily injuries--Death before full payment of installments--Payments to dependents.
If an employee receives an injury for which a specific schedule of payments is provided by §62-4-6; and the employee thereafter dies from causes other than the injury before the full payment of all installments due for the specific injury have been paid to the employee, the employer shall pay the balance due under the specific schedule of payments as provided in §62-4-6, to the employee's dependents as provided in §§62-4-12 to 62-4-22, inclusive.
Source:
SL 1957, ch 497; SDC Supp 1960, §64.0403-1; SL 2008, ch 278, §17.