62-7-1. Compulsory medical examination of employee at request of employer. An employee entitled to receive disability payments shall, if requested by the employer, submit himself or herself at the expense of the employer for examination to a duly qualified medical practitioner or surgeon selected by the employer, at a time and place reasonably convenient for […]
62-7-10. Notice to employer of injury–Condition precedent to compensation. An employee who claims compensation for an injury shall immediately, or as soon thereafter as practical, notify the employer of the occurrence of the injury. Written notice of the injury shall be provided to the employer no later than three business days after its occurrence. The […]
62-7-12. Failure to reach agreement as to compensation–Hearing by department. If the employer and injured employee or the employee’s representative or dependents fail to reach an agreement in regard to compensation under this title, either party may notify the Department of Labor and Regulation and request a hearing according to rules promulgated pursuant to chapter […]
62-7-12.1. Hearing officer to be licensed attorney. Any employee of the Department of Labor and Regulation who conducts hearings for workers’ compensation claims pursuant to the department’s authority to conduct such hearing shall be an attorney, licensed to practice law in South Dakota. Source: SL 1973, ch 2, §95; SL 2011, ch 1 (Ex. Ord. […]
62-7-12.2. Informal request for disqualification of hearing examiner. In any contested case arising under the provisions of Title 62, any party, in person or by counsel, may informally request the hearing examiner who, in the ordinary course, would hear the contested case, to disqualify himself or herself. The requesting party may, but is not obligated […]
62-7-13. Hearing by department–Place of holding–Decision, filing and service. The department may make such inquiries and investigations it deems necessary. The hearings of the department shall be in a place which the department determines to be convenient to the parties and to the witnesses. A record of the proceedings at the hearing shall be kept, […]
62-7-14. Appointment of impartial medical examiner–Fee. The department may appoint a duly qualified and impartial physician to examine the injured employee and make a report. The fee for this service shall be paid by the insurer or self-insured employer, together with traveling expenses, and the amount of such fee shall be subject to approval by […]
62-7-15. Hearing by department–Fees and mileage of witnesses–Taxation of costs. The fees and mileage for attending as a witness before the department shall be the same as allowed in circuit court. All costs incurred in the hearing before the department may be taxed against the losing party or an equitable apportionment made thereof by the […]
62-7-16. Petition for review of decision of department–Revision or affirmance. Any party to proceedings before the department may within ten days after service upon the party of a decision of the department, as provided in §62-7-13, file with the department a petition for a review of the decision. Upon the filing of the petition the […]
62-7-17. Appeal from decision of department without petition for review. Any party may elect to treat as final the decision of the department made as provided in §62-7-13 and appeal therefrom without making any petition for review, in which event the decision provided for in §62-7-13 shall be treated as the final decision of the […]
62-7-18. Decision of department not final until determination of petition for review. If a petition for a review is filed as provided in §62-7-16, it may not be deemed that the department has made a final decision until there is a final determination on the petition. The final determination shall in that event be deemed […]
62-7-19. Appeals to circuit court. Any employer or employee may appeal to the circuit court pursuant to chapter 1-26 from any final order or decision of the Department of Labor and Regulation which arises under the provisions of this title. Upon any appeal under this section all intermediate orders or decisions affecting substantial rights may […]
62-7-2. Employee’s physician present at examination–Copy of report to employee not employing physician. The examination provided by §62-7-1 shall be made in the presence of a duly qualified medical practitioner or surgeon employed and paid for by the employee, if the employee so desires. If the examination is made by a surgeon engaged by the […]
62-7-3. Refusing or obstructing examination–Suspension of compensation payments. If the employee refuses to submit himself or herself to examination pursuant to §62-7-1 or unnecessarily obstructs the examination, the employee’s right to compensation payments shall be temporarily suspended until the examination takes place. No compensation is payable under this title for such period. Source: SL 1917, […]
62-7-30. Notice or orders–Method of service. All notices or orders provided for in this chapter may be served personally or by registered or certified mail. If served by registered or certified mail, proof by affidavit thereof shall be accompanied by post office return receipt. If, however, any party is represented by an attorney, the service […]
62-7-31. Judgment taken on memorandum of agreement or portion of order or decision. Any party in interest may, after expiration of the time for a petition for review or appeal, present a memorandum of agreement, approved by the department, or a certified copy of any portion of an order or decision of the department from […]
62-7-32. Modification or revocation of judgment taken on award or memorandum of agreement. Upon presentation to the circuit court of a certified copy of the decision of the department ending, diminishing, or increasing any payment to be made under the provisions of this title, the court shall revoke or modify the judgment to conform to […]
62-7-33. Review of payment by department. Any payment, including medical payments under §62-4-1, and disability payments under §62-4-3 if the earnings have substantially changed since the date of injury, made or to be made under this title may be reviewed by the Department of Labor and Regulation pursuant to §62-7-12 at the written request of […]
62-7-34. Notice given by department–Statutory notice–Writing required–Manner of service. Any notice given by the department, or any other notice for which provision is made by this title, shall be in writing, and service thereof, unless otherwise specifically provided, shall be sufficient if by registered or certified mail addressed to the last known address of the […]
62-7-35. Limitation of action on claim for compensation. The right to compensation under this title shall be forever barred unless a written petition for hearing pursuant to §62-7-12 is filed by the claimant with the department within two years after the self-insurer or insurer notifies the claimant and the department, in writing, that it intends […]
