62-2-1      Repealed.
62-2-2, 62-2-3. Repealed.
62-2-4      Repealed.
62-2-5      Enforcement of title--Rules promulgation.
62-2-6      Investigations--Subpoena of witnesses and records.
62-2-7      Repealed.
62-2-8, 62-2-9. Repealed.
62-2-10      Workers' Compensation Advisory Council--Members--Expenses--Terms--Quorum--Duties--Report.
62-2-10.1      Contents of advisory council annual report.
62-2-11      Posting safety information.
62-2-12      Small claims procedure for medical expense claims.
62-2-13      Promulgation of rules regarding small claims procedure.
62-2-14      Initiation of claim.
62-2-15      Notice to party claimed against.
62-2-16      Setoff or counterclaim.
62-2-17      Hearing.
62-2-18      Evidence.
62-2-19      Release and disclosure of medical records.
62-2-20      Appeal.
62-2-21      Representation by counsel or agent--Fee for services.
62-2-22      Findings, conclusions, and decision not admissible as evidence in separate proceeding.

62-2-1. Repealed by SL 1971, ch 275, § 4.

62-2-2, 62-2-3. Repealed by SL 1978, ch 359, § 20.

62-2-4. Repealed by SL 1971, ch 275, § 11.

62-2-5. Enforcement of title--Rules promulgation.

The Department of Labor and Regulation shall carry out and enforce the provisions of this title. The department may promulgate rules pursuant to chapter 1-26 governing procedures in worker's compensation hearings, petitions, interested parties, summary judgments, dismissals, applications in self-insurance, and related procedural matters.

Source: SL 1917, ch 376, §§ 29, 31; RC 1919, §§ 9464, 9466; SL 1925, ch 302, § 1; SDC 1939, § 64.0501; SL 1993, ch 375, § 39; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

62-2-6. Investigations--Subpoena of witnesses and records.

The department may subpoena witnesses, administer oaths, and examine such books and records of the parties to a proceeding or investigation as relate to questions in dispute or under investigation. The circuit court may enforce the provisions of this title relating to the attendance and testimony of witnesses and the examination of books and records.

Source: SL 1917, ch 376, § 31; RC 1919, § 9466; SDC 1939, § 64.0501; SL 2008, ch 278, § 3.

62-2-7. Repealed by SL 1971, ch 275, § 11.

62-2-8, 62-2-9. Repealed by SL 1978, ch 359, § 20.

62-2-10. Workers' Compensation Advisory Council--Members--Expenses--Terms--Quorum--Duties--Report.

The Governor shall appoint a State Workers' Compensation Advisory Council, composed of nine members, four representing employees, two of whom shall be from recommendations submitted by the South Dakota Federation of Labor. No employee representative may be a member of a personnel department. Four shall represent employers. The ninth member appointed shall serve as chair. The members may not be all of the same political party. Expenses of council members shall be paid by the Department of Labor and Regulation. The length of terms is three years with no more than three expiring each year. Members shall serve until a new appointment is made by the Governor. The secretary of labor and regulation is a nonvoting member. Five of the nine voting members of the council are a quorum for meetings. Any recommendations by the advisory council shall be by majority vote of the nine voting members.

The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.

The council shall aid the Department of Labor and Regulation in reviewing the workers' compensation program as to its content, adequacy, and effectiveness and make recommendations for improvement. The council shall meet as frequently as necessary but not less than twice each year. The council shall make reports of its meetings that shall include a record of council discussions, including all issues voted upon and the vote count, and council recommendations. The council shall make an annual report to the Governor and Legislature by December thirty-first of each year. The department shall make the reports available to any interested persons or groups.

Source: SL 1992, ch 364, § 1; SL 1994, ch 396, § 1; SL 1999, ch 261, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 33, 162, eff. Apr. 12, 2011; SL 2012, ch 16, § 3; SL 2013, ch 176, § 3; SL 2019, ch 218, § 1.

62-2-10.1. Contents of advisory council annual report.

The Workers' Compensation Advisory Council shall include in its annual report data about the average amount of disability or fatality benefits paid for a claim over the most recent calendar years, the ratio of disability and fatality benefits to overall benefits paid, and any changes in premium base rates directly attributable to including concurrent earnings in benefits. It shall report to the 2019 Legislature the impact of SL 2016, ch 236.

Source: SL 2016, ch 236, § 6.

62-2-11. Posting safety information.

Employers shall display informational postings promoting safety in the workplace in visible locations throughout the business premises in accordance with rules promulgated by the Department of Labor and Regulation pursuant to chapter 1-26.

Source: SL 1992, ch 364, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

62-2-12. Small claims procedure for medical expense claims.

The department shall establish a small claims procedure for medical expense claims not exceeding eight thousand dollars. The procedure may only be used for a medical expense claim incurred after the department has held a hearing and has adjudicated the underlying injury as compensable or after the department has approved an agreement as to compensation or a memorandum of payment for permanent partial disability.

Source: SL 2006, ch 271, § 1.

62-2-13. Promulgation of rules regarding small claims procedure.

The department shall, by rules promulgated pursuant to chapter 1-26, provide for the manner in which the disputed claims shall be presented and the forms required from the claimant and from employers.

Source: SL 2006, ch 271, § 2.

62-2-14. Initiation of claim.

Any claimant pursuant to §§ 62-2-12 to 62-2-22, inclusive, shall initiate a claim by completing a form provided by the department.

Source: SL 2006, ch 271, § 3.

62-2-15. Notice to party claimed against.

The department shall send notice to the party claimed against by registered or certified mail, return receipt.

Source: SL 2006, ch 271, § 4.

62-2-16. Setoff or counterclaim.

Any party claimed against may assert any setoff or counterclaim that is within the jurisdiction of the department.

Source: SL 2006, ch 271, § 5.

62-2-17. Hearing.

The department shall conduct the hearings in accordance with chapter 1-26. The department shall expedite any hearing to the extent possible.

Source: SL 2006, ch 271, § 6.

62-2-18. Evidence.

Any medical record, correspondence, medical bill, and expert report and correspondence is admissible as evidence. Nothing in §§ 62-2-12 to 62-2-22, inclusive, precludes an employer or insurer from obtaining an examination pursuant to § 62-7-1.

Source: SL 2006, ch 271, § 7.

62-2-19. Release and disclosure of medical records.

Upon the request of any party claimed against, the claimant shall provide an executed medical release in a form prescribed by the department, sufficiently in advance of the hearing to allow the party claimed against to obtain such medical records as it deems appropriate. Any party shall disclose to the other party any medical record that is within the party's possession and is relevant to the claim in dispute.

Source: SL 2006, ch 271, § 8.

62-2-20. Appeal.

Within fifteen days after receiving the decision by the department, any party may appeal the decision to the secretary of labor and regulation. The secretary of labor and regulation may on the secretary's own motion affirm, modify, or set aside any decision on the basis of the evidence previously submitted in the case or the secretary may direct the taking of additional evidence. The secretary shall promptly notify the interested parties of the secretary's findings and decision. Any decision of the secretary is the final decision of the department. Any final decision of the department may be appealed as provided in chapter 1-26.

Source: SL 2006, ch 271, § 9; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

62-2-21. Representation by counsel or agent--Fee for services.

Any claimant in any proceeding before the department may be represented by counsel or other duly authorized agent, but no such counsel or agent may either charge or receive for such services more than an amount approved by the department. An employer or insurer, including a corporate employer or insurer, may be represented before the department by counsel, an employee, or a corporate officer.

Source: SL 2006, ch 271, § 10.

62-2-22. Findings, conclusions, and decision not admissible as evidence in separate proceeding.

Any finding of fact, conclusion of law, decision, or final order made in a small claims proceeding may not be used as evidence in any separate or subsequent action or proceeding between anyone in any tribunal, agency, or court of this state or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts.

Source: SL 2006, ch 271, § 11.