62-1-1.3. Presumption that claims denied by employer are nonwork related for other insurance purposes--Reimbursement for compensable injuries.
If an employer denies coverage of a claim for any reason under this Title or any reason permissible under Title 58, such injury is presumed to be nonwork related for other insurance purposes, and any other insurer covering bodily injury or disease of the injured employee shall pay according to the policy provisions. If coverage is denied by an insurer without a full explanation of the basis in the insurance policy in relation to the facts or applicable law for denial, the director of the Division of Insurance may determine such denial to be an unfair practice under chapter 58-33. If it is later determined that the injury is compensable under this Title, the employer shall immediately reimburse the parties not liable for all payments made, including interest at the category B rate specified in §54-3-16.
Source: SL 1995, ch 297, §7; SL 1997, ch 302, §1; SL 2013, ch 259, §1.
Structure South Dakota Codified Laws
Title 62 - Workers' Compensation
Chapter 01 - Definitions And General Provisions
Section 62-1-1 - Definition of terms.
Section 62-1-1.1 - Medical practitioner defined.
Section 62-1-1.2 - Determining impairment.
Section 62-1-2 - Employer defined.
Section 62-1-3 - Employee defined.
Section 62-1-4 - Municipal and county officers--Inclusion within definition of employee.
Section 62-1-6 - Conservation officers acting as law enforcement officers.
Section 62-1-8 - Nonprofit corporation complying with title--Executive officer as employee.
Section 62-1-9 - Citation of title.
Section 62-1-10 - Owner-operator of certain vehicles as independent contractor.
Section 62-1-14 - Promulgation of rules.
Section 62-1-15 - Evidence of injury supported by medical findings.
Section 62-1-16 - Employer civilly liable for retaliatory termination of employee--Burden of proof.
Section 62-1-17 - Discrimination in hiring based upon preexisting injury prohibited.
Section 62-1-19 - Independent contractor affidavit of exempt status--Rebuttable presumption.
Section 62-1-20 - Contents of affidavit of exempt status.
Section 62-1-21 - Providing false information on affidavit of exempt status as misdemeanor.
Section 62-1-22 - Acceptance of affidavit of exempt status not required.
Section 62-1-23 - Wheeler v. Cinna Bakers LLC regarding aggregation of wages abrogated.