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.
Structure South Dakota Codified Laws
Title 62 - Workers' Compensation
Chapter 04 - Compensation For Injury Or Death
Section 62-4-1 - Medical and hospital expense.
Section 62-4-1.1 - Employer's duties upon receipt of medical bill.
Section 62-4-1.2 - Fine for noncompliance.
Section 62-4-1.3 - Release of medical records.
Section 62-4-2 - Waiting period for temporary disability benefits.
Section 62-4-3 - Amount of temporary total disability compensation.
Section 62-4-3.1 - Annual computation of average weekly wage in state--Period for which applied.
Section 62-4-5 - Compensation for partial disability.
Section 62-4-5.1 - Compensation during period of rehabilitation--Procedure.
Section 62-4-6 - Additional compensation for specific bodily injuries.
Section 62-4-7 - Compensation for permanent total disability--Annual increase.
Section 62-4-7.1 - Prospective application of benefit increase in § 62-4-7.
Section 62-4-10 - Installment payments of compensation.
Section 62-4-10.1 - Penalty for untimely payment of installments--Other remedies.
Section 62-4-13 - Injury resulting in death--Additional compensation for child under eighteen.
Section 62-4-15 - Injury resulting in death--Payments to dependent collateral heirs.
Section 62-4-16 - Burial and transportation expenses paid when death results from injury.
Section 62-4-17 - Installment payment of death benefits.
Section 62-4-21 - Spouse of deceased employee--Qualification for benefits.
Section 62-4-22 - Transfer of surviving spouse's right to compensation to surviving child.
Section 62-4-24 - Employment for year preceding injury--Determination of average weekly wage.
Section 62-4-26 - Computation of average weekly wage when other methods not feasible.
Section 62-4-27 - Seasonal employment--Determination of average weekly wage.
Section 62-4-29 - Apportionment of compensation for subsequent injury.
Section 62-4-29.1 - "Claimant" defined for subsequent injury fund claims.
Section 62-4-30 - Determination of amount for each installment period.
Section 62-4-31 - Working week defined.
Section 62-4-37 - Injury or death due to willful misconduct of employee not compensable.
Section 62-4-40 - Recovery by employer from third party--Excess held for employee.
Section 62-4-41 - Priority of rights to compensation.
Section 62-4-43 - Selection of medical practitioner or surgeon by employee.
Section 62-4-47 - Written request to stop payments--Fraud--Injury outside of employment.
Section 62-4-48 - Investigation of written request to stop payments.
Section 62-4-49 - Confidentiality of investigative records--Release--Misdemeanor.
Section 62-4-51 - Fraudulent workers' compensation claims as misdemeanor.
Section 62-4-52 - Definition of terms.
Section 62-4-54 - Determining usual and customary line of employment.
Section 62-4-55 - Suitable, substantial, and gainful employment defined.