South Dakota Code — 62
Browse 236 sections in division 62 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 62-1-1. Definition of terms.
- § 62-1-1.1. Medical practitioner defined.
- § 62-1-1.2. Determining impairment.
- § 62-1-1.3. Presumption that claims denied by employer are nonwork related for other insurance purposes--Reimbursement for compensable injuries.
- § 62-1-2. Employer defined.
- § 62-1-3. Employee defined.
- § 62-1-4. Municipal and county officers--Inclusion within definition of employee.
- § 62-1-4.1. Elementary, secondary and technical college students not employees--Exception for work in vocational education.
- § 62-1-5. Fire department, ambulance service, and rescue squad volunteers--Employees of county, municipality, special purpose district, or township--Imputed wage.
- § 62-1-5.1. Volunteers serving state or political subdivision without pay--Computing or imputing wage--Certain persons not deemed volunteers.
- § 62-1-5.2. Requirements for volunteer firefighters to become eligible for workers' compensation--Amount of benefits--Limitation on eligibility.
- § 62-1-6. Conservation officers acting as law enforcement officers.
- § 62-1-7. Executive officers as employees of corporations--Exception as to nonprofit corporations.
- § 62-1-8. Nonprofit corporation complying with title--Executive officer as employee.
- § 62-1-9. Citation of title.
- § 62-1-10. Owner-operator of certain vehicles as independent contractor.
- § 62-1-11. Requirements for owner-operator of vehicle for certification as independent contractor.
- § 62-1-12. Issuance of certificate of independent contractor status to owner-operator of certain vehicles.
- § 62-1-13. Election of owner-operator of certain vehicles to participate in workers' compensation system as sole proprietor.
- § 62-1-14. Promulgation of rules.
- § 62-1-15. Evidence of injury supported by medical findings.
- § 62-1-16. Employer civilly liable for retaliatory termination of employee--Burden of proof.
- § 62-1-17. Discrimination in hiring based upon preexisting injury prohibited.
- § 62-1-18. Current employer liable for costs and compensation of subsequent compensable injury.
- § 62-1-19. Independent contractor affidavit of exempt status--Rebuttable presumption.
- § 62-1-20. Contents of affidavit of exempt status.
- § 62-1-21. Providing false information on affidavit of exempt status as misdemeanor.
- § 62-1-22. Acceptance of affidavit of exempt status not required.
- § 62-1-23. Wheeler v. Cinna Bakers LLC regarding aggregation of wages abrogated.
- § 62-1-24. Effect of concurrent employment on calculation of earnings for claims before May 6, 2015.
- § 62-1-25. Effect of concurrent employment on calculation of average weekly wage for claims after May 5, 2015.
- § 62-2-2. Repealed by SL 1978, ch 359, § 20.
- § 62-2-5. Enforcement of title--Rules promulgation.
- § 62-2-6. Investigations--Subpoena of witnesses and records.
- § 62-2-8. Repealed by SL 1978, ch 359, § 20.
- § 62-2-10. Workers' Compensation Advisory Council--Members--Expenses--Terms--Quorum--Duties--Report.
- § 62-2-10.1. Contents of advisory council annual report.
- § 62-2-11. Posting safety information.
- § 62-2-12. Small claims procedure for medical expense claims.
- § 62-2-13. Promulgation of rules regarding small claims procedure.
- § 62-2-14. Initiation of claim.
- § 62-2-15. Notice to party claimed against.
- § 62-2-16. Setoff or counterclaim.
- § 62-2-17. Hearing.
- § 62-2-18. Evidence.
- § 62-2-19. Release and disclosure of medical records.
- § 62-2-20. Appeal.
- § 62-2-21. Representation by counsel or agent--Fee for services.
- § 62-2-22. Findings, conclusions, and decision not admissible as evidence in separate proceeding.
- § 62-3-1. Measure of responsibility assumed by employer.
- § 62-3-2. Rights and remedies of employees limited.
- § 62-3-3. Employer and employee bound by provisions of title--Exceptions.
- § 62-3-4. Employment covered by federal compensation law not subject to title.
- § 62-3-5. Security required for acceptance of title.
- § 62-3-5.1. Notice by corporate officer rejecting coverage--Withdrawal of rejection.
- § 62-3-6. Repealed by SL 1971, ch 279, §§ 2 to 5.
- § 62-3-10. Liability to subcontractor's employee.
- § 62-3-11. Election to proceed against employer--Options.
- § 62-3-11.1. Repealed by SL 1977, ch 421, § 6.
- § 62-3-13. Penalty for failure to perform statutory duty unaffected.
- § 62-3-14. Reciprocity with other states.
- § 62-3-15. Exemption of domestics, agricultural laborers or workfare participants.
- § 62-3-16. Agricultural work subject to title--Liability insurance required.
- § 62-3-17. Voluntary waiver of exemption by insuring liability.
- § 62-3-18. Obligation created by title not waived by contract.
- § 62-4-1. Medical and hospital expense.
- § 62-4-1.1. Employer's duties upon receipt of medical bill.
- § 62-4-1.2. Fine for noncompliance.
- § 62-4-1.3. Release of medical records.
- § 62-4-2. Waiting period for temporary disability benefits.
- § 62-4-3. Amount of temporary total disability compensation.
- § 62-4-3.1. Annual computation of average weekly wage in state--Period for which applied.
- § 62-4-5. Compensation for partial disability.
- § 62-4-5.1. Compensation during period of rehabilitation--Procedure.
- § 62-4-6. Additional compensation for specific bodily injuries.
- § 62-4-7. Compensation for permanent total disability--Annual increase.
- § 62-4-7.1. Prospective application of benefit increase in § 62-4-7.
- § 62-4-8. Death resulting from injury--Payments to personal representative or beneficiaries of deceased.
- § 62-4-8.1. Scholarships provided to certain persons receiving workers' compensation benefits--Eligibility.
- § 62-4-10. Installment payments of compensation.
- § 62-4-10.1. Penalty for untimely payment of installments--Other remedies.
- § 62-4-11. Specific bodily injuries--Death before full payment of installments--Payments to dependents.
- § 62-4-12. Injury resulting in death--Compensation to spouse or children--Remarriage--Full-time students.
- § 62-4-12.1. Injury resulting in death--Compensation to spouse or children--Children not in custody of surviving spouse.
- § 62-4-13. Injury resulting in death--Additional compensation for child under eighteen.
- § 62-4-14. Injury resulting in death--No surviving spouse or children--Payment to dependent parent, grandparent, or minor sibling.
- § 62-4-15. Injury resulting in death--Payments to dependent collateral heirs.
- § 62-4-16. Burial and transportation expenses paid when death results from injury.
- § 62-4-17. Installment payment of death benefits.
- § 62-4-18. Death benefits--Payment to personal representative or beneficiaries--Distribution to heirs.
- § 62-4-19. Payment of death benefits to personal representative--Release of employer from obligation.
- § 62-4-20. Payment of death benefits to surviving spouse for minor children--Conservatorship not required.
- § 62-4-21. Spouse of deceased employee--Qualification for benefits.
- § 62-4-22. Transfer of surviving spouse's right to compensation to surviving child.
- § 62-4-24. Employment for year preceding injury--Determination of average weekly wage.
- § 62-4-25. Employment for less than year preceding injury--Determination of average weekly wage.
- § 62-4-26. Computation of average weekly wage when other methods not feasible.
- § 62-4-27. Seasonal employment--Determination of average weekly wage.
- § 62-4-28. Employee earning no wages or less than day laborers--Computation of average weekly wage.
- § 62-4-29. Apportionment of compensation for subsequent injury.
- § 62-4-29.1. "Claimant" defined for subsequent injury fund claims.
- § 62-4-30. Determination of amount for each installment period.
- § 62-4-31. Working week defined.
- § 62-4-34. Repealed by SL 1999, ch 262, §§ 2 to 4.
- § 62-4-34.4. Repealed by SL 1999, ch 262, §§ 5 to 7.
- § 62-4-34.7. Administration of fund to continue until all valid claims approved, denied or settled--Claim for injury occurring after July 1, 2001, barred--Disposition of fund balance.
- § 62-4-36.1. Repealed by SL 1999, ch 262, §§ 9 to 11.
- § 62-4-37. Injury or death due to willful misconduct of employee not compensable.
- § 62-4-38. Right of action when third person is liable--Election by employee--Offset of recovered damages.
- § 62-4-39. Compensation paid by employer--Reimbursement from damages recovered from third party.
- § 62-4-40. Recovery by employer from third party--Excess held for employee.
- § 62-4-41. Priority of rights to compensation.
- § 62-4-42. Assignment of payments prohibited--Certain compensation exempt from claims of creditors.
- § 62-4-43. Selection of medical practitioner or surgeon by employee.
- § 62-4-44. Report to be submitted to employer and department by treating practitioner or surgeon--Time limit.
- § 62-4-45. Information about injury to be made available--Penalty for withholding information.
- § 62-4-46. Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.
- § 62-4-47. Written request to stop payments--Fraud--Injury outside of employment.
- § 62-4-48. Investigation of written request to stop payments.
- § 62-4-49. Confidentiality of investigative records--Release--Misdemeanor.
- § 62-4-50. Immunity for good faith written request of investigation--False written request as misdemeanor.
- § 62-4-51. Fraudulent workers' compensation claims as misdemeanor.
- § 62-4-52. Definition of terms.
- § 62-4-53. Permanent total disability--Burden of proof--Moving expenses paid by employer in certain cases.
- § 62-4-54. Determining usual and customary line of employment.
- § 62-4-55. Suitable, substantial, and gainful employment defined.
- § 62-5-1. Methods of securing payment of compensation.
- § 62-5-2. Obtaining workers' compensation insurance.
- § 62-5-3. Reciprocal or interinsurance contracts providing indemnity for loss under workers' compensation law.
- § 62-5-5. Self-insurance by employer--Annual proof of solvency and financial ability--Application fee--Deposit of fees--Certificate of exemption.
- § 62-5-6. Exemption of political subdivisions from security provisions.
- § 62-5-7. Failure to secure payment as election not to operate under title.
- § 62-5-8. Commission for placing insurance limited.
- § 62-5-9. Issuance of policy to employer--Certification to department.
- § 62-5-10. Surety for performance required for self-insurers--Irrevocable trust.
- § 62-5-11. Requirements for acceptance of irrevocable letter of credit--Definitions.
- § 62-5-12. Deposit of surety bonds, letters of credit, etc..
- § 62-5-13. Deposit of certificate of deposit or government securities.
- § 62-5-14. Deposit and withdrawal of cash.
- § 62-5-15. Perfected security interest in deposit--Release of security interest.
- § 62-5-16. Claims administration contracts.
- § 62-5-18. Reduction of premium where employer selects a policy with a deductible.
- § 62-5-19. Deductible does not affect reporting requirements.
- § 62-5-20. Insurer to pay entire loss--Employer to reimburse deductible amount.
- § 62-5-21. Provision of medical services and health care.
- § 62-6-1. Record of injuries sustained by employees--Copy to employee--Failure as misdemeanor.
- § 62-6-2. Employer's report of injury--Failure to report as misdemeanor.
- § 62-6-3. Insurer to file copy of injury report with department--Notice of denial of coverage by insurer or employer--Suspension, revocation, or refusal of authority for noncompliance.
- § 62-6-4. Wage records of employees--Inspection by department, purposes.
- § 62-6-5. Information confidential--Release to employee or public agency--Nonprofit organization program.
- § 62-6-6. Refusal to submit records for inspection--Penalty.
- § 62-6-7. Demand for employee's work-related records--Production of records--Employee waiver of right to privacy.
- § 62-7-1. Compulsory medical examination of employee at request of employer.
- § 62-7-2. Employee's physician present at examination--Copy of report to employee not employing physician.
- § 62-7-3. Refusing or obstructing examination--Suspension of compensation payments.
- § 62-7-5. Agreement as to compensation--Approval by department.
- § 62-7-6. Petition for lump-sum settlement--Hearing by and order of department--Beneficiaries excluded--Partial lump sum payment.
- § 62-7-7. Appointment of conservator or administrator in connection with lump-sum settlement.
- § 62-7-8. Fees for health services subject to approval--Excessive fees or services.
- § 62-7-8.1. Ability to pay for health care--Impermissible basis for higher fees--Misdemeanor.
- § 62-7-10. Notice to employer of injury--Condition precedent to compensation.
- § 62-7-12. Failure to reach agreement as to compensation--Hearing by department.
- § 62-7-12.1. Hearing officer to be licensed attorney.
- § 62-7-12.2. Informal request for disqualification of hearing examiner.
- § 62-7-13. Hearing by department--Place of holding--Decision, filing and service.
- § 62-7-14. Appointment of impartial medical examiner--Fee.
- § 62-7-15. Hearing by department--Fees and mileage of witnesses--Taxation of costs.
- § 62-7-16. Petition for review of decision of department--Revision or affirmance.
- § 62-7-17. Appeal from decision of department without petition for review.
- § 62-7-18. Decision of department not final until determination of petition for review.
- § 62-7-19. Appeals to circuit court.
- § 62-7-20. 62-7-20 to 62-7-29. Repealed by SL 1973, ch 313, § 2.
- § 62-7-30. Notice or orders--Method of service.
- § 62-7-31. Judgment taken on memorandum of agreement or portion of order or decision.
- § 62-7-32. Modification or revocation of judgment taken on award or memorandum of agreement.
- § 62-7-33. Review of payment by department.
- § 62-7-34. Notice given by department--Statutory notice--Writing required--Manner of service.
- § 62-7-35. Limitation of action on claim for compensation.
- § 62-7-35.1. Time limitation for claiming additional compensation--Application of limit.
- § 62-7-35.2. Application of time limits to minor or person with mental illness or developmental disability.
- § 62-7-35.3. Right to compensation barred under certain circumstances.
- § 62-7-36. Approval of legal fees--Amount--Lump sum payment.
- § 62-7-37. Mediation--Promulgation of rules.
- § 62-7-38. Multiple employers or insurers where preexisting injury or cumulative trauma claimed--Responsibility for payment.
- § 62-7-39. Determining permanent partial or permanent total disability compensation.
- § 62-7-40. False testimony.
- § 62-7-41. Supplemental wage benefit for employee unable to return to usual and customary employment.
- § 62-8-1. Definition of terms.
- § 62-8-3. Contracted and incurred defined.
- § 62-8-4. Right to compensation--Applicability of workers' compensation law.
- § 62-8-6. Employers and workers subject to chapter--Security for compensation--Right to compensation as exclusive remedy.
- § 62-8-7. Repealed by SL 1971, ch 286, §§ 4, 5.
- § 62-8-11. Filing time to qualify for disability or death compensation.
- § 62-8-12. Conditions of liability--Burden of proof.
- § 62-8-13. Notice of disability required--Claim for compensation.
- § 62-8-14. Silicosis cases--Period of exposure.
- § 62-8-15. Last employer liable--Amount of compensation--Notice of disability--Claim for compensation.
- § 62-8-16. Maximum compensation for death or disability.
- § 62-8-17. Waiver of disability benefits by working for another.
- § 62-8-18. Death in case of silicosis--Liability of last employer.
- § 62-8-19. Disability or death from silicosis with complication of tuberculosis.
- § 62-8-20. Partial disability due to silicosis not compensable--Exceptions.
- § 62-8-21. Dependency arising after disability.
- § 62-8-22. Disability or death due to employee's willful misconduct, willful self-exposure, or disobedience not compensable.
- § 62-8-23. Willful self-exposure--Acts constituting.
- § 62-8-24. Waiver of full compensation for aggravation of nondisabling silicosis--Amount of claim limited.
- § 62-8-25. Contract waiving all claims for compensation for aggravation of nondisabling silicosis.
- § 62-8-26. Voluntary waiver--Finding by department.
- § 62-8-27. Termination of employment because of nondisabling silicosis--Allowance of compensation.
- § 62-8-28. Petition of employee for examination for silicosis--Payment of costs--Findings of department.
- § 62-8-29. Notice of disease or death required for compensation.
- § 62-8-30. Time for notice of incapacity from ionizing radiation.
- § 62-8-31. Persons who may give notice and make claim.
- § 62-8-32. Time for making claim for further compensation after discontinuance.
- § 62-8-33. Superseded.
- § 62-8-40.1. Contracts for medical reports.
- § 62-8-41. Autopsy ordered by department upon filing of claim.
- § 62-8-42. Autopsy ordered by department where controversy may exist.
- § 62-8-43. Refusal to permit autopsy--Suspension of proceedings for compensation.
- § 62-8-44. Modification of award.
- § 62-8-45. Agreements between employer and employee.
- § 62-8-47. Compensation under this chapter not additional to compensation under chapter 62-4.
- § 62-9-1. Compensation for permanent occupational hearing loss.
- § 62-9-2. Definition of terms.
- § 62-9-3. Calculation of hearing loss--What loss is compensable.
- § 62-9-4. Hearing loss to be determined on binaural basis--How calculated.
- § 62-9-5. Deductions from total average decibel loss.
- § 62-9-6. Amount of compensation payable for total or partial hearing loss.
- § 62-9-7. No benefits for temporary total or partial disability or for tinnitus.
- § 62-9-8. No benefits where employee fails to regularly use employer-provided protection devices.
- § 62-9-9. What employer is liable for compensation--Duration of exposure required for compensability.
- § 62-9-10. Liability for pre-employment and nonoccupational losses--Loss prior to July 1, 1974.
- § 62-9-11. Effect of hearing aid use on compensation--Provision of hearing aid by employer.
- § 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.
- § 62-9-14. Compensability of hearing loss caused by explosion or trauma.
- § 62-9-15. Applicability of Title 62.