Section 62-9-7 – No benefits for temporary total or partial disability or for tinnitus.
62-9-7. No benefits for temporary total or partial disability or for tinnitus. No compensation benefits are payable for temporary total or temporary partial disability under this chapter, and there may be no award for tinnitus hereunder. Source: SL 1986, ch 427, §7.
Section 62-9-8 – No benefits where employee fails to regularly use employer-provided protection devices.
62-9-8. No benefits where employee fails to regularly use employer-provided protection devices. No compensation benefits are payable for occupational loss of hearing caused by excessive noise if the employee fails to regularly use the employer-provided protection device or devices which are capable of preventing loss of hearing from the particular excessive noise where the employee […]
Section 62-9-9 – What employer is liable for compensation–Duration of exposure required for compensability.
62-9-9. What employer is liable for compensation–Duration of exposure required for compensability. The employer liable for the compensation under this chapter is the employer in whose employment the employee was last exposed to excessive noise in this state during a period of ninety working days or parts thereof. No exposure during a period of less […]
Section 62-9-10 – Liability for pre-employment and nonoccupational losses–Loss prior to July 1, 1974.
62-9-10. Liability for pre-employment and nonoccupational losses–Loss prior to July 1, 1974. An employer is liable for the entire occupational hearing loss to which his employment has contributed; but, if previous deafness is established by a hearing test or other competent evidence, whether or not the employee was exposed to excessive noise within six months […]
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; […]