WORKERS' COMPENSATION HEARINGS
Section
47:03:01:01 Procedure for setting hearings.
47:03:01:01.01 Petition for hearing.
47:03:01:02 Contents of petition.
47:03:01:02.01 Notice of filing petition for hearing -- Response.
47:03:01:03 Transferred.
47:03:01:04 Transferred.
47:03:01:05 Repealed.
47:03:01:05.01 Continuing duty to supplement or amend.
47:03:01:05.02 Sanctions.
47:03:01:05.03 Additional discovery.
47:03:01:06 Naming of additional parties.
47:03:01:07 Commutation of compensation payment.
47:03:01:07.01 Computation of weekly benefit after partial lump sum payment.
47:03:01:08 Summary judgment.
47:03:01:09 Dismissal for want of prosecution.
47:03:01:10 Transferred.
47:03:01:11 Prehearing conferences.
47:03:01:12 Scheduling order.
47:03:01:13 Subjects to be discussed at prehearing conferences.
47:03:01:14 Final prehearing conference.
47:03:01:15 Prehearing orders.
47:03:01:16 Sanctions.
47:03:01:17 Mediation.
47:03:01:18 Small claims hearing petition.
47:03:01:19 Notification.
47:03:01:20 Setoff or counterclaim.
47:03:01:21 Amending petition or answer.
47:03:01:22 Multiple defendants
47:03:01:23 Adding parties.
47:03:01:24 Continuances.
47:03:01:25 Petitioner's failure to appear.
47:03:01:26 Defendant's failure to appear.
47:03:01:27 Setting aside default.
47:03:01:28 Conduct of hearings.
Appendix A Workers' Compensation Life Expectancy Table.
DEPARTMENT OF LABOR
DIVISION OF LABOR AND MANAGEMENT
WORKERS' COMPENSATION LIFE EXPECTANCY TABLE
Chapter 47:03:01
APPENDIX A
SEE: § 47:03:01:07
Source: 27 SDR 1, effective July 19, 2000.
APPENDIX A
WORKERS' COMPENSATION LIFE EXPECTANCY TABLE
|
Age |
Life expectancy for males |
Life expectancy for females |
|
|
|
|
|
0 |
73.6 |
79.4 |
|
1 |
73.1 |
78.9 |
|
2 |
72.2 |
77.9 |
|
3 |
71.2 |
76.9 |
|
4 |
70.2 |
75.9 |
|
5 |
69.3 |
75.0 |
|
6 |
68.3 |
74.0 |
|
7 |
67.3 |
73.0 |
|
8 |
66.3 |
72.0 |
|
9 |
65.3 |
71.0 |
|
10 |
64.3 |
70.0 |
|
11 |
63.3 |
69.0 |
|
12 |
62.3 |
68.0 |
|
13 |
61.4 |
67.0 |
|
14 |
60.4 |
66.1 |
|
15 |
59.4 |
65.1 |
|
16 |
58.5 |
64.1 |
|
17 |
57.5 |
63.1 |
|
18 |
56.6 |
62.2 |
|
19 |
55.6 |
61.2 |
|
20 |
54.7 |
60.2 |
|
21 |
53.8 |
59.2 |
|
22 |
52.9 |
58.3 |
|
23 |
51.9 |
57.3 |
|
24 |
51.0 |
56.3 |
|
25 |
50.1 |
55.4 |
|
26 |
49.2 |
54.4 |
|
27 |
48.2 |
53.4 |
|
28 |
47.3 |
52.4 |
|
29 |
46.4 |
51.5 |
|
30 |
45.4 |
50.5 |
|
31 |
44.5 |
49.5 |
|
32 |
43.6 |
48.6 |
|
33 |
42.7 |
47.6 |
|
34 |
41.7 |
46.7 |
|
35 |
40.8 |
45.7 |
|
36 |
39.9 |
44.7 |
|
37 |
39.0 |
43.8 |
|
38 |
38.1 |
42.8 |
|
39 |
37.1 |
41.9 |
|
40 |
36.2 |
40.9 |
|
41 |
35.3 |
40.0 |
|
42 |
34.4 |
39.1 |
|
43 |
33.5 |
38.1 |
|
44 |
32.7 |
37.2 |
|
45 |
31.8 |
36.3 |
|
46 |
30.9 |
35.4 |
|
47 |
30.0 |
34.4 |
|
48 |
29.2 |
33.5 |
|
49 |
28.3 |
32.6 |
|
50 |
27.4 |
31.7 |
|
51 |
26.6 |
30.8 |
|
52 |
25.8 |
29.9 |
|
53 |
24.9 |
29.0 |
|
54 |
24.1 |
28.2 |
|
55 |
23.3 |
27.3 |
|
56 |
22.5 |
26.4 |
|
57 |
21.7 |
25.6 |
|
58 |
20.9 |
24.7 |
|
59 |
20.2 |
23.9 |
|
60 |
19.4 |
23.1 |
|
61 |
18.7 |
22.3 |
|
62 |
18.0 |
21.5 |
|
63 |
17.3 |
20.7 |
|
64 |
16.6 |
19.9 |
|
65 |
15.9 |
19.2 |
|
66 |
15.2 |
18.4 |
|
67 |
14.6 |
17.7 |
|
68 |
13.9 |
16.9 |
|
69 |
13.3 |
16.2 |
|
70 |
12.7 |
15.5 |
|
71 |
12.1 |
14.8 |
|
72 |
11.5 |
14.1 |
|
73 |
11.0 |
13.4 |
|
74 |
10.4 |
12.8 |
|
75 |
9.9 |
12.1 |
|
76 |
9.4 |
11.5 |
|
77 |
8.9 |
10.9 |
|
78 |
8.4 |
10.3 |
|
79 |
7.9 |
9.7 |
|
80 |
7.5 |
9.1 |
|
81 |
7.0 |
8.6 |
|
82 |
6.6 |
8.0 |
|
83 |
6.2 |
7.5 |
|
84 |
5.8 |
7.1 |
|
85 |
5.5 |
6.6 |
|
86 |
5.2 |
6.2 |
|
87 |
4.8 |
5.8 |
|
88 |
4.6 |
5.4 |
|
89 |
4.3 |
5.0 |
|
90 |
4.0 |
4.7 |
|
91 |
3.8 |
4.4 |
|
92 |
3.6 |
4.1 |
|
93 |
3.4 |
3.8 |
|
94 |
3.2 |
3.6 |
|
95 |
3.0 |
3.4 |
|
96 |
2.9 |
3.1 |
|
97 |
2.7 |
3.0 |
|
98 |
2.6 |
2.8 |
|
99 |
2.5 |
2.6 |
|
100+ |
2.4 |
2.5 |
47:03:01:01. Procedure for setting hearings. Hearings shall be conducted by the division pursuant to SDCL 1-26 as contested cases at the earliest convenient date. Notice of hearing shall be served by the division upon all parties of record to the hearing.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 62-2-5.
Law Implemented: SDCL 62-7-12.
47:03:01:02. Contents of petition. The petition shall be in writing and need follow no specified form. It shall state clearly and concisely the cause of action for which hearing is sought, including the name of the claimant, the name of the employer, the name of the insurer, the time and place of accident, the manner in which the accident occurred, the fact that the employer had actual knowledge of the injury within 3 business days or that written notice of injury was served upon the employer, and the nature and extent of the disability of the employee. A general equitable request for an award shall constitute a sufficient prayer for awarding compensation, interest on overdue compensation, and costs to the claimant. A letter which embodies the information required in this section is sufficient to constitute a petition for hearing.
Source: SL 1975, ch 16, § 1; transferred from § 47:03:01:03, 9 SDR 81, 9 SDR 124, effective July 1, 1983; transferred from § 47:03:01:04, 27 SDR 1, effective July 19, 2000.
General Authority: SDCL 62-2-5.
Law Implemented: SDCL 62-7-12.
47:03:01:02.01. Notice of filing petition for hearing -- Response. The division shall mail notice of the filing of a petition for hearing to all parties. Any adverse party has 30 days after the date of the mailing of the notice to file a response. The response shall be in writing and need follow no specific form. The response shall state clearly and concisely an admission or denial as to each allegation contained in the petition for hearing.
Source: 27 SDR 1, effective July 19, 2000.
General Authority: SDCL 62-2-5.
Law Implemented: SDCL 62-7-12.
47:03:01:03. Transferred to § 47:03:01:02.
47:03:01:04. Transferred to § 47:03:01:02.
47:03:01:05. Depositions.Repealed.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983; repealed, 27 SDR 1, effective July 19, 2000.
47:
Source: 27 SDR 1, effective July 19, 2000.
General Authority: SDCL 62-2-5.
Law Implemented: SDCL 1-26-19.2, 62-2-5, 62-7-12.
Cross Reference: Failure to comply with order, SDCL 15-6-37(b).
47:03:01:05.03. Additional discovery. On agreement of the parties or for good cause shown, the Division of Labor and Management may modify the time limits set forth in this chapter.
Source: 27 SDR 1, effective July 19, 2000.
General Authority: SDCL 62-2-5.
47:03:01:06. Naming of additional parties. Upon application of a party of record at a hearing, the division at its discretion may name a party interested or potentially interested in the hearing as an additional party plaintiff or defendant and shall send notice of hearing to the additional party in the manner required by § 47:02:02:01. The rights and liabilities of the party may be considered by the division and an award entered as though the party had been named in the original petition.
Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983.
General Authority: SDCL 62-2-5.
47:03:01:07. Commutation of compensation payment. Lump sum commutation for permanent partial disability shall equal the sum of the probable future payments capitalized at their present value on the basis of interest calculated at the rate of ten-year treasury notes on the date of injury as determined by the records of the federal reserve library, rounded to the nearest one-fourth of one percent, using the following formula:
Pn = V1/52 - Vn/52
1 - V1/52
where
P = Present value of $1.00 a week payable for n weeks
V = Present value of $1.00 due at the end of the year
n = Number of weeks for which payments are to be made
Lump sum commutation for permanent total disability shall be calculated in the same manner except that the interest rate shall be reduced one percent as a setoff for the cost-of-living allowance provided by SDCL 62-4-7. The number of weeks for which payments are made shall be determined by the life expectancy tables found in Appendix A at the end of this chapter. The interest rate used, exclusive of the cost-of-living allowance setoff, may not vary more than two percent above or below the interest rate on ten-year treasury notes on March 4, 1992, as determined from the records of the federal reserve library.
Source: 11 SDR 22, effective August 13, 1984; 16 SDR 226, effective June 24, 1990; resolution of suspension, 17 SDR 22, effective July 27, 1990; 17 SDR 191, effective June 20, 1991; 18 SDR 138, effective March 4, 1992; 21 SDR 4, effective July 18, 1994; 27 SDR 1, effective July 19, 2000.
General Authority: SDCL 62-7-6.
Law Implemented: SDCL 62-7-6.
Note: For information to contact the Federal Reserve Library, call the Division of Labor and Management at 605-773-3681.
47:03:01:07.01. Computation of weekly benefit after partial lump sum payment. If a partial lump sum payment is made under SDCL 62-7-6, the amount of the weekly benefit shall be reduced by the same percentage that the partial lump sum bears to the total lump sum computation.
Source: 20 SDR 45, effective October 6, 1993.
General Authority: SDCL 62-7-6.
Law Implemented: SDCL 62-7-6.
47:03:01:08. Summary judgment. A claimant or an employer or its insurer may, anytime after expiration of 30 days from the filing of a petition, move with supporting affidavits for a summary judgment. The division shall grant the summary judgment immediately if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
Source: 16 SDR 226, effective June 24, 1990.
General Authority: SDCL 62-2-5.
Law Implemented: SDCL 62-7-12.
47:03:01:09. Dismissal for want of prosecution. With prior written notice to counsel of record, the division may, upon its own motion or the motion of a defending party, dismiss any petition for want of prosecution if there has been no record of activity for at least one year, unless good cause is shown to the contrary. The "record" for purposes of establishing good cause shall include the following non-exhaustive list: settlement negotiations between the parties or their counsel, formal or informal discovery proceedings, the exchange of any pleadings, and written evidence of agreements between the parties or counsel which justifiably result in delays in prosecution. Dismissal under this section shall be without prejudice.
Source: 16 SDR 226, effective June 24, 1990; 47 SDR 42, effective October 14, 2020.
General Authority: SDCL 62-2-5.
Law Implemented: SDCL 62-7-12.
Collateral Reference: LaPlante v GG NSC Madison, South Dakota, LLC d/b/a Golden Living Center- Madison and Insurance Company of the State of Pennsylvania, 2020 SD 13.
47:03:01:10. Transferred to § 47:03:02:01.
47:03:01:11. Prehearing conferences. In any action, the Division of Labor and Management may in its discretion direct the attorneys for the parties and any unrepresented parties to appear by telephonic conference before a hearing for such purposes as the following:
(1) Expediting the disposition of the petition for hearing;
(2) Not allowing the case to become protracted;
(3) Requiring thorough preparation; and
(4) Facilitating settlement.
Source: 19 SDR 8, effective July 29, 1992.
General Authority: SDCL 62-2-5.
Law Implemented: SDCL 62-7-12.
47:03:01:12. Scheduling order. The Division of Labor and
Management may, after consulting with the attorneys for the parties and
unrepresented parties, enter a scheduling order that does the following:
(1) Limits
the time to join other parties and to amend the pleadings;
(2) Limits the time to file
and hear motions;
(3) Limits the time to
complete discovery;
(4) Sets the date for
prehearing conferences, a final prehearing conference, and hearing; and
(5) Addresses any other
matters necessary.
The division shall issue the
scheduling order as soon as practicable but no more than 120 days after the
petition is filed, unless justice is served by issuing the order at a later
date. A schedule may not be modified except by order of the Division of Labor
and Management upon a showing of good cause.
Source:
19 SDR 8, effective July 29, 1992; 33 SDR 43, effective September 20, 2006.
General
Authority: SDCL 62-2-5.
Law
Implemented: SDCL 62-7-12.
47:03:01:13. Subjects to be discussed at prehearing conferences. The participants at any prehearing conference may consider and take action on the following:
(1) Statements and simplification of the issues, including the elimination of frivolous claims or defenses;
(2) The necessity or desirability of amendments to the pleadings;
(3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof, stipulation regarding the authenticity of documents, and advanced rulings from the Division of Labor and Management on the admissibility of evidence;
(4) The avoidance of unnecessary proof and of cumulative evidence;
(5) The identification of witnesses and documents, the need and schedule for filing the exchanging of pretrial briefs, and the date or dates for further conferences and for hearing;
(6) The possibility of settlement;
(7) The form and substance of the prehearing order;
(8) The disposition of pending motions; and
(9) Any other matters that may aid in the disposition of the petition for hearing.
Source: 19 SDR 8, effective July 29, 1992.
General Authority: SDCL 62-2-5.
Law Implemented: SDCL 62-7-12.
47:03:01:15. Prehearing orders. After any prehearing conference held pursuant to §§ 47:03:01:11 to 47:03:01:14, inclusive, the Division of Labor and Management shall enter an order reciting the action taken. This order shall control the subsequent course of the petition for hearing unless it is modified by a subsequent order. The order following a final prehearing conference may be modified only to prevent manifest injustice.
Source: 19 SDR 8, effective July 29, 1992.
General Authority: SDCL 62-2-5.
Law Implemented: SDCL 62-7-12.
47:03:01:16. Sanctions. If a party or the party's attorney fails to obey a scheduling or prehearing order, if no appearance is made on behalf of the party at a scheduling or prehearing conference, or if a party or the party's attorney fails to participate in good faith, the Division of Labor and Management, upon motion or its own initiative, may make such orders with regard thereto that it considers just.
Source: 19 SDR 8, effective July 29, 1992.
General Authority: SDCL 62-2-5.
Law Implemented: SDCL 62-7-12.
47:03:01:17. Mediation. Upon receipt of a request for mediation from the employer or its insurer or from the injured employee, the division shall schedule it at a location convenient to the parties or by telephonic conference.
Source: 20 SDR 45, effective October 6, 1993.
General Authority: SDCL 62-7-37.
Law Implemented: SDCL 62-7-37.
47:03:01:18. Small claims hearing petition. The
petitioner or the petitioner's agent seeking a small claims hearing shall file
with the Division of Labor and Management a petition for small claims hearing
form provided by the department. The petition must state the facts upon which
the claim is based. If the department deems the petition unclear or
insufficient, the department may refuse the petition, or order that a clearer
or more sufficient claim be made.
Source:
33 SDR 43, effective September 20, 2006.
General
Authority: SDCL 62-2-13.
Law
Implemented: SDCL 62-2-14.
47:03:01:19. Notification. The division shall, by
registered or certified mail, notify any adverse parties of the filing of the
petition for small claims hearing. Any adverse party or its agent has 20 days
after the party's receipt of the notice to file an answer to the petition. The
answer shall clearly and concisely state an admission or denial as to each
claim contained in the petition.
Source:
33 SDR 43, effective September 20, 2006.
General
Authority: SDCL 62-2-13.
Law
Implemented: SDCL 62-2-14.
47:03:01:20. Setoff or counterclaim. An adverse party may
assert a claim for setoff or counterclaim in its answer. The setoff or
counterclaim shall be in writing, and be stated clearly and concisely. If the
department deems the claim for offset or counterclaim unclear or insufficient,
the department may refuse the claim, or order that a clearer or more sufficient
claim be made.
Source:
33 SDR 43, effective September 20, 2006.
General
Authority: SDCL 62-2-13.
Law
Implemented: SDCL 62-2-14.
47:03:01:22. Multiple defendants. A petitioner may name
more than one defendant in a small claims petition for hearing, but only if the
claims against each adverse party are related to or connected with each other.
Source:
33 SDR 43, effective September 20, 2006.
General
Authority: SDCL 62-2-13.
Law
Implemented: SDCL 62-2-14.
47:03:01:25. Petitioner's failure to appear. If the
petitioner fails to appear at the time and place specified for the hearing, the
department is satisfied that proper notice has been given, and the defendant
makes the minimum showing to support its claims, the department may enter a
default order against the petitioner.
Source:
33 SDR 43, effective September 20, 2006.
General
Authority: SDCL 62-2-13.
Law
Implemented: SDCL 62-2-14.
47:03:01:26. Defendant's failure to appear. If the
defendant fails to appear at the time and place specified for the hearing, the
department is satisfied that proper notice has been given, and the petitioner
makes the minimum showing to support its claims, the department may enter a
default order against the defendant.
Source:
33 SDR 43, effective September 20, 2006.
General
Authority: SDCL 62-2-13.
Law
Implemented: SDCL 62-2-14.
47:03:01:27. Setting aside default. Upon good cause shown
the department may, within thirty days after entering a default order, vacate
such order and reschedule the hearing of the original claim. Following the
expiration of thirty days, the party adversely affected by the order may seek a
reversal of the order only upon the filing of an independent action.
Source:
33 SDR 43, effective September 20, 2006.
General
Authority: SDCL 62-2-13.
Law
Implemented: SDCL 62-2-14.
47:03:01:28. Conduct of hearings. The department shall
conduct the hearing on a small claim in as informal a manner as possible. The
department may allow a party to participate by telephone or Dakota Digital
Network.
Source:
33 SDR 43, effective September 20, 2006.
General
Authority: SDCL 62-2-13.
Law
Implemented: SDCL 62-2-14.
