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.
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.