62-1-1. Definition of terms. Terms used in this title, unless the context otherwise plainly requires, shall mean: (1)”Annual earnings,” the average weekly wages, computed as provided in §§62-4-24 to 62-4-28, inclusive, multiplied by fifty-two; (2)”Ascertainable loss,” a loss becomes ascertainable when it becomes apparent that permanent disability and the extent thereof has resulted from an […]
62-1-1.1. Medical practitioner defined. For purposes of this title only, a health care provider licensed and practicing within the scope of his profession under Title 36 is a medical practitioner. Source: SL 1990, ch 416, §6.
62-1-1.2. Determining impairment. For the purposes of this chapter, impairment shall be determined by a medical impairment rating, expressed as a percentage to the affected body part, using the Guides to the Evaluation of Permanent Impairment established by the American Medical Association, sixth edition, July 2009 reprint. Source: SL 1994, ch 396, §4; SL 2013, […]
62-1-1.3. Presumption that claims denied by employer are nonwork related for other insurance purposes–Reimbursement for compensable injuries. If an employer denies coverage of a claim for any reason under this Title or any reason permissible under Title 58, such injury is presumed to be nonwork related for other insurance purposes, and any other insurer covering […]
62-1-10. Owner-operator of certain vehicles as independent contractor. An owner-operator who, as an individual or partner, or shareholder of a corporate owner-operator, owns a vehicle licensed and registered as a truck, road tractor, or truck tractor by a governmental agency, is an independent contractor while performing services in the operation of the owner-operator’s vehicle if […]
62-1-11. Requirements for owner-operator of vehicle for certification as independent contractor. To receive certification as indicated in §62-1-10, the owner-operator and the carrier shall provide written documentation that the following are substantially present: (1)The owner-operator is responsible for the maintenance of the vehicle; (2)The owner-operator is responsible for the vehicle’s operating costs, including fuel, repairs, […]
62-1-12. Issuance of certificate of independent contractor status to owner-operator of certain vehicles. Upon submission of the documentation required by §62-1-11, if the conditions are substantially met, the department shall issue a certificate of independent contractor status to the owner-operator and the carrier within thirty days. The certificate shall be kept with the vehicle. If […]
62-1-13. Election of owner-operator of certain vehicles to participate in workers’ compensation system as sole proprietor. An owner-operator, as an independent contractor, may elect to participate in this state’s workers’ compensation system as a sole proprietor. Alternatively, an owner-operator and the motor carrier to whom the owner-operator’s vehicle is leased may mutually agree that the […]
62-1-14. Promulgation of rules. The department shall promulgate rules pursuant to chapter 1-26 governing the submission of the documentation required by §62-1-11 and prescribe the form of the certificate issued pursuant to §62-1-12. Source: SL 1995, ch 296, §5.
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.
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: […]
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.
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.
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 […]
62-1-2. Employer defined. As used in this title the term “employer” includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using […]
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 […]
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.
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.
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 […]
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 […]
