62-7-41. Supplemental wage benefit for employee unable to return to usual and customary employment.
If an employee is not totally disabled but is unable to return to the employee's usual and customary employment, the employer may, in lieu of rehabilitation, require the employee to accept, in addition to an earned income, a supplemental wage benefit to be paid by the employer which, in total with the earned income, equals the workers' compensation benefit rate applicable to the employee at the time of the employee's injury, plus a return to work incentive of twenty percent of the rate otherwise payable to the employee under §62-4-3, provided the employee is actually offered employment or is employed.
Source: SL 1995, ch 296, §17.
Structure South Dakota Codified Laws
Title 62 - Workers' Compensation
Section 62-7-1 - Compulsory medical examination of employee at request of employer.
Section 62-7-3 - Refusing or obstructing examination--Suspension of compensation payments.
Section 62-7-5 - Agreement as to compensation--Approval by department.
Section 62-7-7 - 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 62-7-35.3 - 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 62-7-39 - Determining permanent partial or permanent total disability compensation.