62-1-25. Effect of concurrent employment on calculation of average weekly wage for claims after May 5, 2015.
For a workers' compensation claim arising after May 5, 2015, if an employee was working for more than one employer, the employee's earnings used to calculate the employee's average weekly wage in §§62-4-24, 62-4-25, or 62-4-26 shall include the amount of compensation for the number of hours commonly regarded as a day's work for each employer in which the person was concurrently employed at the time of the person's injury; however, an employee's earnings from concurrent employment are aggregated only if the injury occurred when the employee was actively working in the concurrent employment and when the injury prevents the employee from performing the employee's duties at the employee's other concurrent employment.
Source: SL 2016, ch 236, §3.
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.