South Dakota Codified Laws
Chapter 07 - Claims Procedure
Section 62-7-12 - Failure to reach agreement as to compensation--Hearing by department.

62-7-12. Failure to reach agreement as to compensation--Hearing by department.
If the employer and injured employee or the employee's representative or dependents fail to reach an agreement in regard to compensation under this title, either party may notify the Department of Labor and Regulation and request a hearing according to rules promulgated pursuant to chapter 1-26 by the secretary of labor and regulation. The department shall fix a time and place for the hearing and shall notify the parties.

Source: SL 1917, ch 376, §33; RC 1919, §9468; SDC 1939, §64.0603; SL 1983, ch 22, §22; SL 1993, ch 375, §44; SL 2008, ch 278, §45; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 62 - Workers' Compensation

Chapter 07 - Claims Procedure

Section 62-7-1 - Compulsory medical examination of employee at request of employer.

Section 62-7-2 - Employee's physician present at examination--Copy of report to employee not employing physician.

Section 62-7-3 - Refusing or obstructing examination--Suspension of compensation payments.

Section 62-7-5 - Agreement as to compensation--Approval by department.

Section 62-7-6 - Petition for lump-sum settlement--Hearing by and order of department--Beneficiaries excluded--Partial lump sum payment.

Section 62-7-7 - Appointment of conservator or administrator in connection with lump-sum settlement.

Section 62-7-8 - Fees for health services subject to approval--Excessive fees or services.

Section 62-7-8.1 - Ability to pay for health care--Impermissible basis for higher fees--Misdemeanor.

Section 62-7-10 - Notice to employer of injury--Condition precedent to compensation.

Section 62-7-12 - Failure to reach agreement as to compensation--Hearing by department.

Section 62-7-12.1 - Hearing officer to be licensed attorney.

Section 62-7-12.2 - Informal request for disqualification of hearing examiner.

Section 62-7-13 - Hearing by department--Place of holding--Decision, filing and service.

Section 62-7-14 - Appointment of impartial medical examiner--Fee.

Section 62-7-15 - Hearing by department--Fees and mileage of witnesses--Taxation of costs.

Section 62-7-16 - Petition for review of decision of department--Revision or affirmance.

Section 62-7-17 - Appeal from decision of department without petition for review.

Section 62-7-18 - Decision of department not final until determination of petition for review.

Section 62-7-19 - Appeals to circuit court.

Section 62-7-30 - Notice or orders--Method of service.

Section 62-7-31 - Judgment taken on memorandum of agreement or portion of order or decision.

Section 62-7-32 - Modification or revocation of judgment taken on award or memorandum of agreement.

Section 62-7-33 - Review of payment by department.

Section 62-7-34 - Notice given by department--Statutory notice--Writing required--Manner of service.

Section 62-7-35 - Limitation of action on claim for compensation.

Section 62-7-35.1 - Time limitation for claiming additional compensation--Application of limit.

Section 62-7-35.2 - Application of time limits to minor or person with mental illness or developmental disability.

Section 62-7-35.3 - Right to compensation barred under certain circumstances.

Section 62-7-36 - Approval of legal fees--Amount--Lump sum payment.

Section 62-7-37 - Mediation--Promulgation of rules.

Section 62-7-38 - Multiple employers or insurers where preexisting injury or cumulative trauma claimed--Responsibility for payment.

Section 62-7-39 - Determining permanent partial or permanent total disability compensation.

Section 62-7-40 - False testimony.

Section 62-7-41 - Supplemental wage benefit for employee unable to return to usual and customary employment.