Section 62-7-38 – Multiple employers or insurers where preexisting injury or cumulative trauma claimed–Responsibility for payment.
62-7-38. Multiple employers or insurers where preexisting injury or cumulative trauma claimed–Responsibility for payment. In cases where there are multiple employers or insurers, if an employee claims an aggravation of a preexisting injury or if an injury is from cumulative trauma making the exact date of injury undeterminable, the insurer providing coverage to the employer […]
Section 62-7-39 – Determining permanent partial or permanent total disability compensation.
62-7-39. Determining permanent partial or permanent total disability compensation. An employee, employer, employer’s insurer, or self-insured employer shall be permitted to use the results of post-offer base line testing or a functional capacity assessment, as utilized by Guidelines to the Evaluation of Permanent Impairment established by the American Medical Association, sixth edition, July 2009 reprint, […]
Section 62-7-40 – False testimony.
62-7-40. False testimony. In proceedings for workers’ compensation benefits brought under this title, if the finder of fact determines that any person testifying in the proceeding has knowingly sworn falsely to any material fact in the proceeding, then the finder of fact may reject all of the testimony of that witness. Source: SL 1995, ch […]
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 […]
Section 62-7-35.3 – Right to compensation barred under certain circumstances.
62-7-35.3. Right to compensation barred under certain circumstances. The right to compensation under this title is forever barred if no medical treatment has been obtained within seven years after the employee files the first report of injury. Source: SL 1999, ch 261, §12.
Section 62-7-36 – Approval of legal fees–Amount–Lump sum payment.
62-7-36. Approval of legal fees–Amount–Lump sum payment. Except as otherwise provided, fees for legal services under this title shall be subject to approval of the department. Attorneys’ fees may not exceed the percentage of the amount of compensation benefits secured as a result of the attorney’s involvement as follows: (1)Twenty-five percent of the disputed amount […]
Section 62-7-37 – Mediation–Promulgation of rules.
62-7-37. Mediation–Promulgation of rules. If the employer and injured employee do not agree as to compensability in whole or in part, either party may request the department to conduct a mediation. The mediation shall be in a location convenient to the parties or by telephonic conference and shall be conducted in accordance with rules promulgated […]
Section 62-7-18 – Decision of department not final until determination of petition for review.
62-7-18. Decision of department not final until determination of petition for review. If a petition for a review is filed as provided in §62-7-16, it may not be deemed that the department has made a final decision until there is a final determination on the petition. The final determination shall in that event be deemed […]
Section 62-7-19 – Appeals to circuit court.
62-7-19. Appeals to circuit court. Any employer or employee may appeal to the circuit court pursuant to chapter 1-26 from any final order or decision of the Department of Labor and Regulation which arises under the provisions of this title. Upon any appeal under this section all intermediate orders or decisions affecting substantial rights may […]
Section 62-7-30 – Notice or orders–Method of service.
62-7-30. Notice or orders–Method of service. All notices or orders provided for in this chapter may be served personally or by registered or certified mail. If served by registered or certified mail, proof by affidavit thereof shall be accompanied by post office return receipt. If, however, any party is represented by an attorney, the service […]