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. […]
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, […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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.
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; […]