62-4-1      Medical and hospital expense.
62-4-1.1      Employer's duties upon receipt of medical bill.
62-4-1.2      Fine for noncompliance.
62-4-1.3      Release of medical records.
62-4-2      Waiting period for temporary disability benefits.
62-4-3      Amount of temporary total disability compensation.
62-4-3.1      Annual computation of average weekly wage in state--Period for which applied.
62-4-4      Repealed.
62-4-5      Compensation for partial disability.
62-4-5.1      Compensation during period of rehabilitation--Procedure.
62-4-6      Additional compensation for specific bodily injuries.
62-4-7      Compensation for permanent total disability--Annual increase.
62-4-7.1      Prospective application of benefit increase in § 62-4-7.
62-4-8      Death resulting from injury--Payments to personal representative or beneficiaries of deceased.
62-4-8.1      Scholarships provided to certain persons receiving workers' compensation benefits--Eligibility.
62-4-9      Repealed.
62-4-10      Installment payments of compensation.
62-4-10.1      Penalty for untimely payment of installments--Other remedies.
62-4-11      Specific bodily injuries--Death before full payment of installments--Payments to dependents.
62-4-12      Injury resulting in death--Compensation to spouse or children--Remarriage--Full-time students.
62-4-12.1      Injury resulting in death--Compensation to spouse or children--Children not in custody of surviving spouse.
62-4-13      Injury resulting in death--Additional compensation for child under eighteen.
62-4-14      Injury resulting in death--No surviving spouse or children--Payment to dependent parent, grandparent, or minor sibling.
62-4-15      Injury resulting in death--Payments to dependent collateral heirs.
62-4-16      Burial and transportation expenses paid when death results from injury.
62-4-17      Installment payment of death benefits.
62-4-18      Death benefits--Payment to personal representative or beneficiaries--Distribution to heirs.
62-4-19      Payment of death benefits to personal representative--Release of employer from obligation.
62-4-20      Payment of death benefits to surviving spouse for minor children--Conservatorship not required.
62-4-21      Spouse of deceased employee--Qualification for benefits.
62-4-22      Transfer of surviving spouse's right to compensation to surviving child.
62-4-23      Repealed.
62-4-24      Employment for year preceding injury--Determination of average weekly wage.
62-4-25      Employment for less than year preceding injury--Determination of average weekly wage.
62-4-26      Computation of average weekly wage when other methods not feasible.
62-4-27      Seasonal employment--Determination of average weekly wage.
62-4-28      Employee earning no wages or less than day laborers--Computation of average weekly wage.
62-4-29      Apportionment of compensation for subsequent injury.
62-4-29.1      "Claimant" defined for subsequent injury fund claims.
62-4-30      Determination of amount for each installment period.
62-4-31      Working week defined.
62-4-32      Repealed.
62-4-33      Repealed.
62-4-34 to 62-4-34.2. Repealed.
62-4-34.3      Repealed.
62-4-34.4 to 62-4-34.6. Repealed.
62-4-34.7      Administration of fund to continue until all valid claims approved, denied or settled--Claim for injury occurring after July 1, 2001, barred--Disposition of fund balance.
62-4-35      Repealed.
62-4-36      Repealed.
62-4-36.1 to 62-4-36.3. Repealed.
62-4-37      Injury or death due to willful misconduct of employee not compensable.
62-4-38      Right of action when third person is liable--Election by employee--Offset of recovered damages.
62-4-39      Compensation paid by employer--Reimbursement from damages recovered from third party.
62-4-40      Recovery by employer from third party--Excess held for employee.
62-4-41      Priority of rights to compensation.
62-4-42      Assignment of payments prohibited--Certain compensation exempt from claims of creditors.
62-4-43      Selection of medical practitioner or surgeon by employee.
62-4-44      Report to be submitted to employer and department by treating practitioner or surgeon--Time limit..
62-4-45      Information about injury to be made available--Penalty for withholding information.
62-4-46      Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.
62-4-47      Written request to stop payments--Fraud--Injury outside of employment.
62-4-48      Investigation of written request to stop payments.
62-4-49      Confidentiality of investigative records--Release--Misdemeanor.
62-4-50      Immunity for good faith written request of investigation--False written request as misdemeanor.
62-4-51      Fraudulent workers' compensation claims as misdemeanor.
62-4-52      Definition of terms.
62-4-53      Permanent total disability--Burden of proof--Moving expenses paid by employer in certain cases.
62-4-54      Determining usual and customary line of employment.
62-4-55      Suitable, substantial, and gainful employment defined.

62-4-1. Medical and hospital expense.

The employer shall provide necessary first aid, medical, surgical, and hospital services, or other suitable and proper care including medical and surgical supplies, apparatus, artificial members, and body aids during the disability or treatment of an employee within the provisions of this title. Repair or replacement of damaged prosthetic devices is compensable and is considered a medical service under this section if the devices were damaged or destroyed in a work related accident. Repair or replacement of damaged hearing aids, dentures, prescription eyeglasses, eyeglass frames, or contact lenses is considered a medical service under this section if the hearing aids, dentures, prescription eyeglasses, eyeglass frames, or contact lenses were damaged or destroyed in an accident which also causes another injury which is compensable under this law. The employee shall have the initial selection to secure the employee's own physician, surgeon, or hospital services at the employer's expense. If the employee selects a health care provider located in a community not the home or workplace of the employee, and a health care provider is available to provide the services needed by the employee in the local community or in a closer community, no travel expenses need be paid by the employer or the employer's insurer.

Source: SDC 1939, § 64.0401; SL 1939, ch 297, § 1; SL 1943, ch 314; SL 1949, ch 442; SL 1951, ch 468; SL 1959, ch 455; SL 1963, ch 458; SL 1965, ch 305; SL 1969, ch 285; SL 1970, ch 277; SL 1971, ch 280; SL 1973, ch 310, § 1; SL 1989, ch 451, § 1; SL 1990, ch 416, § 1; SL 1993, ch 375, § 39A; SL 1993, ch 381, § 1; SL 1999, ch 261, § 4.

62-4-1.1. Employer's duties upon receipt of medical bill.

Within thirty days after receiving a properly submitted bill for medical payments, the employer shall:

(1)    Pay the charge or any portion of the bill that is not denied;

(2)    Deny all or a portion of the bill on the basis that the injury is not compensable, or the service or charge is excessive or not medically necessary; or

(3)    Request additional information to determine whether the charge or service is excessive or not medically necessary or whether the injury is compensable.

Source: SL 2008, ch 279, § 1.

62-4-1.2. Fine for noncompliance.

An employer that fails, refuses, or neglects to comply with the provisions of § 62-4-1.1 is subject to a administrative fine of five hundred dollars payable to the Department of Labor and Regulation for each act of noncompliance, unless the employer had good cause for noncompliance. The department may promulgate rules pursuant to chapter 1-26 to establish standards for medical bill submissions pursuant to § 62-4-1.1.

Source: SL 2008, ch 279, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

62-4-1.3. Release of medical records.

Upon the request of an employer, an employee subject to this title shall supply a signed medical release to allow copying of any medical record and report relevant to the employee's claim for workers' compensation. If the employee objects to the relevance of any medical record or report, an administrative law judge within the department shall, upon a showing of good cause for the release of such record or report, approve the release of the medical record or report relevant to the employee's claim, to the employer. The employer shall, upon request, provide a copy of all medical records and reports received, to the employee, without cost to the employee.

Source: SL 2008, ch 279, § 3.

62-4-2. Waiting period for temporary disability benefits.

No temporary disability benefits may be paid for an injury which does not incapacitate the employee for a period of seven consecutive days. If the seven day waiting period is met, benefits shall be computed from the date of the injury.

Source: SDC 1939, § 64.0403(1); SL 1939, ch 297, § 2; SL 1947, ch 424, § 2; SL 1949, ch 443; SL 1953, ch 486, § 1; SL 1957, ch 494, § 1; SL 1959, ch 457, § 1; SL 1963, ch 460, § 1; SL 1966, ch 264, § 1; SL 1968, ch 268; SL 1972, ch 270; SL 1974, ch 334; SL 1984, ch 340; SL 1994, ch 396, § 16.

62-4-3. Amount of temporary total disability compensation.

The amount of temporary total disability compensation paid to an employee for an injury is equal to sixty-six and two-thirds percent of the employee's earnings, but not more than one hundred percent computed to the next higher multiple of one dollar of the average weekly wage in the state as defined in § 62-4-3.1 per week and not less than one-half of the foregoing percentages of the average weekly wage of the state per week. However, if an employee earned less than fifty percent of the maximum allowable amount per week, the amount of compensation may not exceed one hundred percent of the employee's earnings calculated after the earnings have been reduced by any deduction for federal or state taxes, or both, and for the Federal Insurance Contributions Act made from such employee's total wages received during the period of calculation of the employee's earnings.

Source: SDC 1939, § 64.0403(1); SL 1939, ch 297, § 2; SL 1947, ch 424, § 2; SL 1949, ch 443; SL 1953, ch 486, § 1; SL 1957, ch 494, § 1; SL 1959, ch 457, § 1; SL 1963, ch 460, § 1; SL 1966, ch 264, § 1; SL 1968, ch 268; SL 1970, ch 278; SL 1971, ch 281; SL 1972, ch 271; SL 1973, ch 309, § 1; SL 1976, ch 322, § 1; SL 1978, ch 370, § 5; SL 1984, ch 341; SL 1996, ch 307, § 3.

62-4-3.1. Annual computation of average weekly wage in state--Period for which applied.

For the purpose of § 62-4-3 the average weekly wage in the state shall be determined by the Department of Labor and Regulation as follows: On or before June first of each year, the total wages reported on contribution reports to the agency administering the Employment Security Act for the preceding calendar year shall be divided by the average monthly number of insured workers (determined by dividing the total insured workers reported for the preceding year by twelve). The average annual wage thus obtained shall be divided by fifty-two and the average weekly wage thus determined rounded to the nearest cent. The average weekly wage so determined shall apply to injuries and disablements in the case of disease which occur within the fiscal year commencing July first following the June first determination and shall be applicable for the full period during which weekly benefits are payable, except as provided in § 62-7-33.

Source: SL 1973, ch 309, § 2; SL 1981, ch 373; SL 1993, ch 383, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

62-4-4. Repealed by SL 1978, ch 370, § 6.

62-4-5. Compensation for partial disability.

If, after an injury has been sustained, the employee as a result thereof becomes partially incapacitated from pursuing the employee's usual and customary line of employment, or if the employee has been released by the employee's physician from temporary total disability and has not been given a rating to which § 62-4-6 would apply, the employee shall receive compensation, subject to the limitations as to maximum amounts fixed in § 62-4-3, equal to one-half of the difference between the average amount which the employee earned before the accident, and the average amount which the employee is earning or is able to earn in some suitable employment or business after the accident. If the employee has not received a bona fide job offer that the employee is physically capable of performing, compensation shall be at the rate provided by § 62-4-3. However, in no event may the total calculation be less than the amount the claimant was receiving for temporary total disability, unless the claimant refuses suitable employment.

Source: SDC 1939, § 64.0403 (3); SL 1963, ch 460, § 2; SL 1969, ch 286; SL 1971, ch 282; SL 1978, ch 370, § 7; SL 1993, ch 379, § 2; SL 1995, ch 296, § 8; SL 1999, ch 261, § 5.

62-4-5.1. Compensation during period of rehabilitation--Procedure.

If an employee suffers disablement as defined by subdivision 62-8-1(3) or an injury and is unable to return to the employee's usual and customary line of employment, the employee shall receive compensation at the rate provided by § 62-4-3 up to sixty days from the finding of an ascertainable loss if the employee is actively preparing to engage in a program of rehabilitation as shown by a certificate of enrollment. Moreover, once such employee is engaged in a program of rehabilitation which is reasonably necessary to restore the employee to suitable, substantial, and gainful employment, the employee shall receive compensation at the rate provided by § 62-4-3 during the entire period that the employee is engaged in such program. Evidence of suitable, substantial, and gainful employment, as defined by § 62-4-55, shall only be considered to determine the necessity for a claimant to engage in a program of rehabilitation.

The employee shall file a claim with the employee's employer requesting such compensation and the employer shall follow the procedure specified in chapter 62-6 for the reporting of injuries when handling such claim. If the claim is denied, the employee may petition for a hearing before the department.

Source: SL 1974, ch 333, § 4; SL 1978, ch 370, § 8; SL 1989, ch 451, § 2; SL 1990, ch 30, § 20; SL 1994, ch 396, § 9; SL 1998, ch 299, § 1.

62-4-6. Additional compensation for specific bodily injuries.

For injuries in the following schedule, an employee shall receive in addition to compensation provided by §§ 62-4-1, 62-4-3, and 62-4-5.1, compensation for the following further periods, subject to the limitations as to rate and amounts fixed in § 62-4-3, for the specific medical impairment herein mentioned, but may not receive any compensation under any other provisions of this title:

(1)    For the loss of a thumb, or the permanent and complete loss of its use, fifty weeks of compensation;

(2)    For the loss of a first finger, commonly called the index finger, or the permanent and complete loss of its use, thirty-five weeks of compensation;

(3)    For the loss of a second finger, or the permanent and complete loss of its use, thirty weeks of compensation;

(4)    For the loss of a third finger, or the permanent and complete loss of its use, twenty weeks of compensation;

(5)    For the loss of fourth finger, commonly called the little finger, or the permanent and complete loss of its use, fifteen weeks of compensation;

(6)    The loss of the first phalange of the thumb, or of any finger, shall be considered to be equal to the loss of one-half of such thumb or finger and compensation shall be one-half of the amounts specified; compensation for the loss of less than the first phalange of a thumb or finger shall be in such proportion as the partial loss bears to the loss of the first phalange;

(7)    The loss of more than one phalange, or fraction thereof, shall be considered as the loss of the entire finger or thumb, but in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand;

(8)    For the loss of a great toe, thirty weeks of compensation;

(9)    For the loss of one or more of the toes other than the great toe, ten weeks, and for the additional loss of one or more toes other than the great toe, an additional ten weeks of compensation;

(10)    The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe, and compensation shall be one-half the amount above specified; compensation for the loss of less than the first phalange of a toe shall be in such proportion as the partial loss bears to the loss of the first phalange;

(11)    The loss of more than one phalange, or fraction thereof, shall be considered as the loss of the entire toe;

(12)    For the loss of a hand, or the permanent and complete loss of its use, one hundred fifty weeks of compensation;

(13)    For the loss of an arm, or the permanent and complete loss of its use, two hundred weeks of compensation;

(14)    Amputation of the arm below the elbow shall be considered the loss of a hand, if enough of the forearm remains to permit the use of an effective artificial member; otherwise it shall be considered as the loss of an arm;

(15)    For the loss of a foot, or the permanent and complete loss of its use, one hundred twenty-five weeks of compensation;

(16)    For the loss of a leg, or the permanent and complete loss of its use, one hundred sixty weeks of compensation;

(17)    Amputation of the leg below the knee shall be considered as the loss of a foot, if enough of the lower leg remains to permit the use of an effective artificial member; otherwise it shall be considered as the loss of a leg;

(18)    For the loss of the sight of an eye, one hundred fifty weeks of compensation;

(19)    For the permanent and complete loss of hearing in one ear, fifty weeks of compensation;

(20)    For the permanent and complete loss of hearing in both ears, one hundred fifty weeks of compensation;

(21)    For permanent partial disability resulting from injury to the back, compensation for that proportion of three hundred twelve weeks which is represented by the percentage that such permanent partial disability bears to the body as a whole;

(22)    In all cases in the above schedule under this section, if the medical impairment is partial and permanent, the compensation shall bear such relation to the maximum amount for complete and permanent loss as defined in this section as the medical impairment bears to the complete loss;

(23)    The loss of both hands or both arms, or both feet, or both legs, or both eyes or of any two thereof, or complete and permanent paralysis, or total and permanent loss of mental faculties, or any other injury which totally incapacitates the employee from working at any occupation which brings him an income, shall constitute total disability, to be compensated according to the compensation fixed by § 62-4-7. These specific cases of total and permanent disability shall not be construed as excluding other cases of total or permanent disability;

(24)    For permanent disfigurement, or permanent disability resulting from injury to any part of the body not hereinbefore listed, compensation for that portion of three hundred twelve weeks which is represented by the percentage that such permanent partial disability or permanent disfigurement bears to the body as a whole.

Source: SDC 1939, § 64.0403 (4); SL 1945, ch 354; SL 1947, ch 424, § 3; SL 1969, ch 287, §§ 1, 2; SL 1971, ch 283; SL 1975, ch 322, § 4; SL 1978, ch 370, §§ 9, 10; SL 1994, ch 396, § 6; SL 1996, ch 307, § 2.

62-4-7. Compensation for permanent total disability--Annual increase.

In case of total disability as defined in subdivision 62-4-6(23), compensation shall be paid at the rate provided by § 62-4-3 for life with an annual increase in the amount of the benefit allowance for each year commencing on the July first that is at least twelve months following the date on which the benefit was first payable equal to one hundred percent of the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the United States Department of Labor for the prior calendar year, not to exceed a three percent increase compounded annually.

For injuries occurring on or after July 1, 1993, if an employee is entitled to compensation under this section and is also receiving old-age insurance benefits under section 202 of the Social Security Act (42 U.S.C., § 402), the compensation payable shall be a sum equal to one hundred fifty percent of the compensation payable under § 62-4-7 less the old-age insurance benefit under § 202 of the Social Security Act (42 U.S.C., § 402). However, benefits payable by the employer may not exceed the amount payable pursuant to § 62-4-7. This section does not apply to any person who is entitled to old-age insurance benefits at the time of the injury.

Source: SL 1917, ch 376, § 24; RC 1919, § 9459 (6); SL 1919, ch 363, § 5; SL 1921, ch 419, § 2; SDC 1939, § 64.0403 (5); SL 1947, ch 424, § 4; SL 1953, ch 486, § 2; SL 1957, ch 494, § 2; SL 1959, ch 457, § 2; SL 1963, ch 460, § 3; SL 1966, ch 264, § 2; SL 1967, ch 347; SL 1968, ch 269; SL 1970, ch 279; SL 1973, ch 311; SL 1978, ch 370, § 11; SL 1988, ch 417; SL 1993, ch 379, §§ 3, 3A.

62-4-7.1. Prospective application of benefit increase in § 62-4-7.

The annual increase in benefit allowance provided by § 62-4-7 also applies to any total disability occurring before July 1, 1989. The annual increase in benefit allowance for such a total disability applies prospectively from July 1, 2000.

Source: SL 2000, ch 253, § 1.

62-4-8. Death resulting from injury--Payments to personal representative or beneficiaries of deceased.

In case death occurs as a result of the injury, then if the employee leaves any spouse, child, parent, grandparent, or lineal heir entitled to compensation under §§ 62-4-12 to 62-4-15, inclusive, the compensation shall be paid at the option of the employer, either to the personal representative or the beneficiaries of the deceased employee and distributed as provided in § 62-4-17. However, in no case may the amount payable under this section be less than five hundred dollars.

Source: SL 1917, ch 376, § 24; RC 1919, § 9459 (7); SDC 1939, § 64.0403 (6); SL 1964, ch 225, § 2; SL 1978, ch 359, § 25; SL 2008, ch 278, § 15.

62-4-8.1. Scholarships provided to certain persons receiving workers' compensation benefits--Eligibility.

Scholarships shall be provided for the spouses and dependent children of employees who die as a result of compensable work-related injuries if the dependents are entitled to benefits pursuant to this chapter. Scholarships are payable to accredited postsecondary education institutions in South Dakota on behalf of the dependent students attending the institutions. Eligible dependents may qualify for a maximum of two thousand dollars per year, while attending a postsecondary education institution. No student may receive assistance pursuant to this section for more than five years. The secretary of the Department of Labor and Regulation shall promulgate rules, pursuant to chapter 1-26, to implement this section.

Source: SL 1998, ch 300, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

62-4-9. Repealed by SL 1974, ch 333, § 7.

62-4-10. Installment payments of compensation.

All compensation provided for in §§ 62-4-3 to 62-4-7, inclusive, shall be paid in installments at the same intervals at which the wages or earnings of the employee were paid at the time of the injury. However, if this is not feasible, then the installments shall be paid weekly.

Source: SL 1917, ch 376, § 24; RC 1919, § 9459 (9); SDC 1939, § 64.0403 (8); SL 2008, ch 278, § 16.

62-4-10.1. Penalty for untimely payment of installments--Other remedies.

Failure to make any payment of workers' compensation benefits pursuant to § 62-4-10 within ten days of the date on which the payment is due shall result in an automatic penalty equal to ten percent of the unpaid amount. Nothing herein precludes any other remedy available to the claimant.

Source: SL 1991, ch 418.

62-4-11. Specific bodily injuries--Death before full payment of installments--Payments to dependents.

If an employee receives an injury for which a specific schedule of payments is provided by § 62-4-6; and the employee thereafter dies from causes other than the injury before the full payment of all installments due for the specific injury have been paid to the employee, the employer shall pay the balance due under the specific schedule of payments as provided in § 62-4-6, to the employee's dependents as provided in §§ 62-4-12 to 62-4-22, inclusive.

Source: SL 1957, ch 497; SDC Supp 1960, § 64.0403-1; SL 2008, ch 278, § 17.

62-4-12. Injury resulting in death--Compensation to spouse or children--Remarriage--Full-time students.

The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves a spouse, child or children, shall be paid at the rate provided by § 62-4-3 for life or until remarriage in the case of a spouse. If the spouse remarries, two years' benefits shall be paid to the spouse in a lump sum. The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves any children and no spouse, shall be paid at the rate provided by § 62-4-3 until the child is age eighteen or for life in the case of any child who is physically or mentally incapable of self-support or until age twenty-two for any child enrolled as a full-time student in any accredited educational institution. If any child is not in the custody of the surviving spouse, the compensation shall be divided pursuant to the provisions of § 62-4-12.1.

Source: SDC 1939, § 64.0402 (1); SL 1943, ch 315; SL 1945, ch 352; SL 1947, ch 424, § 1; SL 1953, ch 485; SL 1955, ch 438; SL 1959, ch 456, § 1; SL 1963, ch 459; SL 1964, ch 225, § 1; SL 1965, ch 306; SL 1967, ch 346; SL 1971, ch 284, § 1; SL 1973, ch 312, § 1; SL 1975, ch 322, § 5; SL 1994, ch 397; SL 2003, ch 259, § 1.

62-4-12.1. Injury resulting in death--Compensation to spouse or children--Children not in custody of surviving spouse.

The amount of compensation which shall be paid for an injury to the employee resulting in death, if the employee leaves any child who is not in the custody of the surviving spouse, shall be paid at the rate provided by § 62-4-3, with half of the amount being paid to the surviving spouse. The other half shall be paid to the surviving child or in equal shares to the surviving children, until age eighteen, or for life in the case of a child who is physically or mentally incapable of self-support, or until age twenty-two for any child enrolled as a full-time student in any accredited educational institution. When a child is no longer eligible for benefits, his or her share shall be paid to the surviving spouse.

Source: SL 2003, ch 259, § 2.

62-4-13. Injury resulting in death--Additional compensation for child under eighteen.

For an injury to the employee resulting in death, if the employee leaves any child or children under the age of eighteen years whom the employee was under legal obligation to support at the time of the injury, in addition to the sum provided by § 62-4-12, there shall be paid for each of said children, the sum of fifty dollars per month until such child reaches the age of eighteen years.

Source: SL 1917, ch 376, § 23; RC 1919, § 9458 (1); SDC 1939, § 64.0402 (1); SL 1947, ch 424, § 1; SL 1953, ch 485; SL 1955, ch 438; SL 1959, ch 456, § 1; SL 1963, ch 459; SL 1964, ch 225, § 1; SL 1965, ch 306; SL 1967, ch 346; SL 1971, ch 284, § 2; SL 1973, ch 312, § 2.

62-4-14. Injury resulting in death--No surviving spouse or children--Payment to dependent parent, grandparent, or minor sibling.

The amount of compensation which shall be paid for an injury to the employee resulting in death, if no amount is payable under § 62-4-12, and the employee leaves any parent, grandparent, or minor sibling, who were dependent upon the employee for support at the time of the employee's injury, shall be such a percentage of the sum provided in § 62-4-12 as the average annual contributions which the deceased made to the support of the parent, grandparent, or minor sibling during two years preceding the injury bear to the employee's earnings during the two years.

Source: SL 1917, ch 376, § 23; RC 1919, § 9458 (2); SDC 1939, § 64.0402 (1); SDC 1939, § 64.0402 (2) as enacted by SL 1945, ch 352; SL 1947, ch 424, § 1; SL 1959, ch 456, § 2; SL 2008, ch 278, § 18.

62-4-15. Injury resulting in death--Payments to dependent collateral heirs.

The amount of compensation which shall be paid for an injury to the employee resulting in death, if no amount is payable under § 62-4-12 or 62-4-14, and the employee leaves collateral heirs dependent at the time of the injury to the employee upon the employee's earnings, shall be such a percentage of the sum provided in § 62-4-12 as the average annual contributions which the deceased made to the support of the collateral dependent heirs during two years preceding the injury bear to the employee's earnings during the two years.

Source: SL 1917, ch 376, § 23; RC 1919, § 9458 (3); SDC 1939, § 64.0402 (2); SDC 1939, § 64.0402 (3) as enacted by SL 1945, ch 352; SL 2008, ch 278, § 19.

62-4-16. Burial and transportation expenses paid when death results from injury.

The employer shall pay the burial expense and the expense of a headstone grave marker for an employee whose death resulted from an injury, in an amount not to exceed the sum of ten thousand dollars. If the death occurred in a foreign state or outside the community where the employee is to be buried, the employer shall also pay the cost of transporting the body of the employee to the community where the employee is to be buried.

Source: SDC 1939, § 64.0402 (4) as enacted by SL 1945, ch 352; SL 1945, ch 353; SL 1959, ch 456, § 2; SL 1966, ch 263; SL 1971, ch 285; SL 1976, ch 322, § 2; SL 1982, ch 375; SL 1985, ch 398; SL 1996, ch 305; SL 2009, ch 274, § 1; SL 2010, ch 249, § 2.

62-4-17. Installment payment of death benefits.

The compensation, except for additional benefits for children under eighteen years of age, provided for in §§ 62-4-12 to 62-4-15, inclusive, to be paid in case injury results in death, shall be paid in installments equal to two-thirds of the average earnings, at the same intervals at which the wages or earnings of the employee were paid, at which time the additional benefits for children under eighteen years of age shall also be paid. However, if this is not feasible, then the installments shall be paid weekly.

Source: SL 1917, ch 376, § 23; RC 1919, § 9458 (5); SDC 1939, § 64.0402 (4); SDC 1939, § 64.0402 (5) as enacted by SL 1945, ch 352; SL 1947, ch 424, § 1; SL 1959, ch 456, § 2; SL 1980, ch 365, § 4; SL 2008, ch 278, § 20.

62-4-18. Death benefits--Payment to personal representative or beneficiaries--Distribution to heirs.

The compensation to be paid for injury which results in death, as provided in §§ 62-4-12 to 62-4-22, inclusive, shall be paid at the option of the employer either to the personal representative of the deceased employee or to the employee's beneficiaries, and shall be distributed to the heirs who formed the basis for determining the amount of compensation to be paid by the employer, the distributees' share to be in proportion of their respective dependency at the time of the injury on the earnings of the decedent. In the judgment of the court appointing the personal representative, a child's distributive share may be directed paid to the parent for the support of the child.

Source: SL 1917, ch 376, § 23; RC 1919, § 9458 (6); SL 1921, ch 420; SDC 1939, § 64.0402 (5); SDC 1939, § 64.0402 (6) as enacted by SL 1945, ch 352; SL 2008, ch 278, § 21.

62-4-19. Payment of death benefits to personal representative--Release of employer from obligation.

The payment of compensation by the employer to the personal representative of the deceased employee pursuant to § 62-4-18 shall relieve the employer of all obligation as to the distribution of the compensation. The personal representative shall make payment to the distributees pursuant to the order of the court making the appointment.

Source: SL 1917, ch 376, § 23; RC 1919, § 9458 (6); SL 1921, ch 420; SDC 1939, § 64.0402 (5); SDC 1939, § 64.0402 (6) as enacted by SL 1945, ch 352; SL 2008, ch 278, § 22.

62-4-20. Payment of death benefits to surviving spouse for minor children--Conservatorship not required.

With the consent and approval of the secretary of labor and regulation, an employer may pay to the surviving spouse of a deceased, the compensation payable to the spouse and the minor children of the deceased under §§ 62-4-12 and 62-4-13 without the necessity of the appointment of a conservator for the minor children. The payment of the compensation by the employer shall relieve the employer of all obligation as to the distribution of the compensation so paid. Except in those cases where a lump-sum settlement has been made, approval by the secretary may at any time be revoked or modified for cause.

Source: SL 1921, ch 420; SDC 1939, § 64.0402 (5); SDC 1939, § 64.0402 (6) as enacted by SL 1945, ch 352; SL 1978, ch 359, § 26; SL 1993, ch 213, § 262; SL 2008, ch 278, § 23; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.

62-4-21. Spouse of deceased employee--Qualification for benefits.

No compensation is payable under §§ 62-4-12 to 62-4-22, inclusive, to the surviving spouse of a deceased employee unless that spouse was, at the time of the death, living with the deceased employee, or was then dependent upon the deceased employee for support, or was then living apart from the deceased employee for justifiable cause or because of desertion by the deceased employee.

Source: SL 1917, ch 376, § 23; RC 1919, § 9458 (7); SL 1919, ch 363, § 1; SDC 1939, § 64.0402 (6); SDC 1939, § 64.0402 (7) as enacted by SL 1945, ch 352; SL 1968, ch 267; SL 1977, ch 421, § 1; SL 2008, ch 278, § 24.

62-4-22. Transfer of surviving spouse's right to compensation to surviving child.

If any dependent of a deceased employee dies, the right of the dependent to compensation under §§ 62-4-12 to 62-4-21, inclusive, ceases. However, if the surviving spouse dies or remarries while receiving or entitled to receive such compensation, that compensation shall be payable to any eligible surviving child or children of the deceased employee in accordance with § 62-4-12. Upon remarriage of the surviving spouse, payments to the eligible surviving child or children as provided for in this section may not commence until the expiration of two years from the date of remarriage.

Source: SL 1917, ch 376, § 23; RC 1919, § 9458 (7); SL 1919, ch 363, § 1; SDC 1939, § 64.0402 (6); SDC 1939, § 64.0402 (7) as enacted by SL 1945, ch 352; SL 1968, ch 267; SL 1976, ch 322, § 3; SL 1977, ch 421, § 2; SL 1991, ch 419.

62-4-23. Repealed by SL 1978, ch 359, § 27.

62-4-24. Employment for year preceding injury--Determination of average weekly wage.

As to an employee in an employment in which it is the custom to operate throughout the working days of the year, and who was in the employment of the same employer in the same grade of employment as at the time of the injury continuously for fifty-two weeks next preceding the injury, except for any temporary loss of time, the average weekly wage shall, where feasible, be computed by dividing by fifty-two the total earnings of the employee as defined in subdivision 62-1-1(6), during the period of fifty-two weeks. However, if the employee lost more than seven consecutive days during the period of fifty-two weeks, then the division shall be by the number of weeks and fractions thereof that the employee actually worked.

Source: SL 1917, ch 376, §§ 26, 55; RC 1919, §§ 9461, 9490; SDC 1939, § 64.0404 (1) (a); SL 1978, ch 370, § 12; SL 2008, ch 278, § 25.

62-4-25. Employment for less than year preceding injury--Determination of average weekly wage.

As to an employee in an employment in which it is the custom to operate throughout the working days of the year, but who is not covered by § 62-4-24, the average weekly wages shall, where feasible, be ascertained by computing the total of the employee's earnings during the period the employee worked immediately preceding the employee's injury at the same grade of employment for the employer by whom the employee was employed at the time of the employee's injury, and dividing such total by the number of weeks and fractions thereof that the employee actually worked. However, if such method of computation produces a result that is manifestly unfair and inequitable or if by reason of the shortness of time during which the employee has been in such employment, or the casual nature or terms of the employment, it is impracticable to use such method, then regard shall be had to the average weekly amount which during fifty-two weeks previous to the injury was being earned by a person in the same grade, employed at the same work, by the same employer, or if there is no person so employed, by a person in the same grade, employed in the same class of employment in the same general locality.

Source: SL 1917, ch 376, § 55; RC 1919, § 9490; SDC 1939, § 64.0404 (1) (b); SL 2008, ch 278, § 26.

62-4-26. Computation of average weekly wage when other methods not feasible.

As to an employee in an employment in which it is the custom to operate throughout the working days of the year and where the situation is such that it is not reasonably feasible to determine the average weekly wages in the manner provided in § 62-4-24 or 62-4-25, the average weekly wages shall be determined by multiplying the employee's average day's earnings by three hundred, and dividing by fifty-two.

Source: SL 1917, ch 376, § 26; RC 1919, § 9461 (4); SDC 1939, § 64.0404 (2).

62-4-27. Seasonal employment--Determination of average weekly wage.

As to employees in employments in which it is the custom to operate for a part of the whole number of working days in each year, the average weekly wages shall be ascertained by multiplying the employee's average day's earnings by number of days which it is customary in such employment to operate during a year, but not less than two hundred, and dividing by fifty-two.

Source: SL 1917, ch 376, § 26; RC 1919, § 9461 (5); SDC 1939, § 64.0404 (3).

62-4-28. Employee earning no wages or less than day laborers--Computation of average weekly wage.

As to an employee who earns either no wage or less than the earnings of adult day laborers in the same line of employment in that locality, the average weekly wages shall be reckoned according to the average weekly wages of adults of the same class in the same or, if that is impracticable, then of neighboring employments.

Source: SL 1917, ch 376, § 26; RC 1919, § 9461 (6); SDC 1939, § 64.0404 (4).

62-4-29. Apportionment of compensation for subsequent injury.

As to an employee who before the accident for which the employee claims compensation was disabled and drawing compensation under the terms of this title, the compensation for each subsequent injury shall be apportioned according to the proportion of incapacity and disability caused by the respective injuries which the employee may have suffered.

Source: SL 1917, ch 376, § 26; RC 1919, § 9461 (8); SDC 1939, § 64.0404 (5); SL 2008, ch 278, § 27.

62-4-29.1. "Claimant" defined for subsequent injury fund claims.

For purposes of subsequent injury fund claims for reimbursement, notwithstanding any other provision of this title, the term, claimant, refers to any person making a claim for reimbursement, including an insurance carrier of an employer, or an employer, if self-insured.

Source: SL 1995, ch 297, § 2.

62-4-30. Determination of amount for each installment period.

To determine the amount of compensation for each installment period, the amount per annum shall be ascertained pursuant to §§ 62-4-24 to 62-4-29, inclusive, and such amount divided by the number of installment periods per annum.

Source: SL 1917, ch 376, § 26; RC 1919, § 9461 (9); SDC 1939, § 64.0404 (6).

62-4-31. Working week defined.

The term, working week, for the purposes of §§ 62-4-24 to 62-4-30, inclusive, means the number of days contemplated by the employment to be worked by the employee during each calendar week.

Source: SDC 1939, § 64.0405; SL 2008, ch 278, § 28.

62-4-32. Repealed by SL 1994, ch 39, § 4.