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.
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.