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 62-8-25 – 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 […]
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.