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 62-8-20 – 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 […]