South Dakota Codified Laws
Chapter 04 - Compensation For Injury Or Death
Section 62-4-55 - Suitable, substantial, and gainful employment defined.

62-4-55. Suitable, substantial, and gainful employment defined.
Employment is considered suitable, substantial, and gainful if:
(1)It returns the employee to no less than eighty-five percent of the employee's prior wage earning capacity; or
(2)It returns the employee to employment which equals or exceeds the average prevailing wage for the given job classification for the job held by the employee at the time of injury as determined by the Department of Labor and Regulation.

Source: SL 1994, ch 396, §11; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.

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Structure South Dakota Codified Laws

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 62-4-8 - Death resulting from injury--Payments to personal representative or beneficiaries of deceased.

Section 62-4-8.1 - Scholarships provided to certain persons receiving workers' compensation benefits--Eligibility.

Section 62-4-10 - Installment payments of compensation.

Section 62-4-10.1 - Penalty for untimely payment of installments--Other remedies.

Section 62-4-11 - Specific bodily injuries--Death before full payment of installments--Payments to dependents.

Section 62-4-12 - Injury resulting in death--Compensation to spouse or children--Remarriage--Full-time students.

Section 62-4-12.1 - Injury resulting in death--Compensation to spouse or children--Children not in custody of surviving spouse.

Section 62-4-13 - Injury resulting in death--Additional compensation for child under eighteen.

Section 62-4-14 - Injury resulting in death--No surviving spouse or children--Payment to dependent parent, grandparent, or minor sibling.

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 62-4-18 - Death benefits--Payment to personal representative or beneficiaries--Distribution to heirs.

Section 62-4-19 - Payment of death benefits to personal representative--Release of employer from obligation.

Section 62-4-20 - Payment of death benefits to surviving spouse for minor children--Conservatorship not required.

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 62-4-25 - Employment for less than 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 62-4-28 - Employee earning no wages or less than day laborers--Computation 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 62-4-34.7 - Administration of fund to continue until all valid claims approved, denied or settled--Claim for injury occurring after July 1, 2001, barred--Disposition of fund balance.

Section 62-4-37 - Injury or death due to willful misconduct of employee not compensable.

Section 62-4-38 - Right of action when third person is liable--Election by employee--Offset of recovered damages.

Section 62-4-39 - Compensation paid by employer--Reimbursement from damages recovered from third party.

Section 62-4-40 - Recovery by employer from third party--Excess held for employee.

Section 62-4-41 - Priority of rights to compensation.

Section 62-4-42 - Assignment of payments prohibited--Certain compensation exempt from claims of creditors.

Section 62-4-43 - Selection of medical practitioner or surgeon by employee.

Section 62-4-44 - Report to be submitted to employer and department by treating practitioner or surgeon--Time limit..

Section 62-4-45 - Information about injury to be made available--Penalty for withholding information.

Section 62-4-46 - Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.

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 62-4-50 - Immunity for good faith written request of investigation--False written request as misdemeanor.

Section 62-4-51 - Fraudulent workers' compensation claims as misdemeanor.

Section 62-4-52 - Definition of terms.

Section 62-4-53 - Permanent total disability--Burden of proof--Moving expenses paid by employer in certain cases.

Section 62-4-54 - Determining usual and customary line of employment.

Section 62-4-55 - Suitable, substantial, and gainful employment defined.