Section 62-8-20 – Partial disability due to silicosis not compensable–Exceptions.
62-8-20. Partial disability due to silicosis not compensable–Exceptions. Compensation is not payable for partial disability due to silicosis, except as provided in §§62-8-24, 62-8-27, and 62-8-28. Source: SDC 1939, §64.0811 as enacted by SL 1947, ch 426; SL 2008, ch 278, §61.
Section 62-8-21 – Dependency arising after disability.
62-8-21. Dependency arising after disability. No compensation for death from an occupational disease is payable to any person whose relationship to the deceased, which, under the provisions of this chapter would give right to compensation, arose subsequent to the beginning of the first compensable disability, save only to after-born children of a marriage existing at […]
Section 62-8-22 – Disability or death due to employee’s willful misconduct, willful self-exposure, or disobedience not compensable.
62-8-22. Disability or death due to employee’s willful misconduct, willful self-exposure, or disobedience not compensable. Notwithstanding anything contained in this chapter, no employee or dependent of any employee, or personal representative of a deceased employee, or other person is entitled to receive compensation for disability or death from an occupational disease if the disability or […]
Section 62-8-23 – Willful self-exposure–Acts constituting.
62-8-23. Willful self-exposure–Acts constituting. As used in §62-8-22, willful self-exposure shall be conclusively presumed if any of the following occur: (1)An employee or applicant for employment fails or omits truthfully to state in writing to the best of the employee’s knowledge in answer to any inquiry made by the employer, the place, duration, and nature […]
Section 62-8-24 – Waiver of full compensation for aggravation of nondisabling silicosis–Amount of claim limited.
62-8-24. Waiver of full compensation for aggravation of nondisabling silicosis–Amount of claim limited. If an employee, though not actually disabled, has nondisabling silicosis, the employee may, subject to the approval of the Department of Labor and Regulation, waive in writing full compensation for any aggravation of the employee’s condition that may result from the employee […]
Section 62-8-25 – Contract waiving all claims for compensation for aggravation of nondisabling silicosis.
62-8-25. Contract waiving all claims for compensation for aggravation of nondisabling silicosis. A worker, seeking employment and having knowledge or being informed that the worker is affected with a nondisabling silicosis, who nevertheless voluntarily prefers to work in an occupation where the worker’s disease may become aggravated, may, with the approval of the department, enter […]
Section 62-8-26 – Voluntary waiver–Finding by department.
62-8-26. Voluntary waiver–Finding by department. Before approving a waiver under §62-8-24 or 62-8-25, the department shall be satisfied that the worker has voluntarily entered into the agreement to waive compensation, that it is of greater advantage to the worker and the worker’s dependents, if any, for the worker to work in an occupation where the […]
Section 62-8-27 – Termination of employment because of nondisabling silicosis–Allowance of compensation.
62-8-27. Termination of employment because of nondisabling silicosis–Allowance of compensation. If an employee working subject to this chapter, who has not previously executed any of the waivers referred to in §§62-8-24 to 62-8-26, inclusive, and who would be entitled to compensation under this chapter if disabled, is, because the employee had a nondisabling silicosis, discharged […]
Section 62-8-28 – Petition of employee for examination for silicosis–Payment of costs–Findings of department.
62-8-28. Petition of employee for examination for silicosis–Payment of costs–Findings of department. Any employee who in the course of employment has been exposed to the inhalation of silica dust and who wishes to submit to examination by the department to determine whether the employee has silicosis, and the degree thereof, may petition the department for […]
Section 62-8-29 – Notice of disease or death required for compensation.
62-8-29. Notice of disease or death required for compensation. Unless written notice of an occupational disease is given by the worker to the employer within six months after the employment has ceased in which it is claimed that the disease was contracted, and, in case of death, unless written notice of such death is given […]