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Home » US Law » 2022 South Dakota Codified Laws » Title 62 - Workers' Compensation » Chapter 07 - Claims Procedure » Section 62-7-38 – Multiple employers or insurers where preexisting injury or cumulative trauma claimed–Responsibility for payment.

62-7-38. Multiple employers or insurers where preexisting injury or cumulative trauma claimed–Responsibility for payment.

In cases where there are multiple employers or insurers, if an employee claims an aggravation of a preexisting injury or if an injury is from cumulative trauma making the exact date of injury undeterminable, the insurer providing coverage to the employer at the time the aggravation or injury is reported shall make immediate payment of the claim until all employers and insurers agree on responsibility or the matter is appropriately adjudicated by the Department of Labor and Regulation pursuant to this chapter.

Source: SL 1994, ch 396, §3A; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.