62-8-26. Voluntary waiver--Finding by department.
Before approving a waiver under §62-8-24 or 62-8-25, the department shall be satisfied that the worker has voluntarily entered into the agreement to waive compensation, that it is of greater advantage to the worker and the worker's dependents, if any, for the worker to work in an occupation where the worker's disease may become aggravated than to seek other employment, and that the working conditions maintained by the employer are such as to minimize the hazards of silicosis.
Source: SDC 1939, §64.0816 as enacted by SL 1947, ch 426; SL 2008, ch 278, §67.
Structure South Dakota Codified Laws
Title 62 - Workers' Compensation
Chapter 08 - Occupational Disease Disability
Section 62-8-1 - Definition of terms.
Section 62-8-3 - Contracted and incurred defined.
Section 62-8-4 - Right to compensation--Applicability of workers' compensation law.
Section 62-8-11 - Filing time to qualify for disability or death compensation.
Section 62-8-12 - Conditions of liability--Burden of proof.
Section 62-8-13 - Notice of disability required--Claim for compensation.
Section 62-8-14 - Silicosis cases--Period of exposure.
Section 62-8-16 - Maximum compensation for death or disability.
Section 62-8-17 - Waiver of disability benefits by working for another.
Section 62-8-18 - Death in case of silicosis--Liability of last employer.
Section 62-8-19 - Disability or death from silicosis with complication of tuberculosis.
Section 62-8-20 - Partial disability due to silicosis not compensable--Exceptions.
Section 62-8-21 - Dependency arising after disability.
Section 62-8-23 - Willful self-exposure--Acts constituting.
Section 62-8-26 - Voluntary waiver--Finding by department.
Section 62-8-29 - Notice of disease or death required for compensation.
Section 62-8-30 - Time for notice of incapacity from ionizing radiation.
Section 62-8-31 - Persons who may give notice and make claim.
Section 62-8-32 - Time for making claim for further compensation after discontinuance.
Section 62-8-40.1 - Contracts for medical reports.
Section 62-8-41 - Autopsy ordered by department upon filing of claim.
Section 62-8-42 - Autopsy ordered by department where controversy may exist.
Section 62-8-43 - Refusal to permit autopsy--Suspension of proceedings for compensation.
Section 62-8-44 - Modification of award.
Section 62-8-45 - Agreements between employer and employee.
Section 62-8-47 - Compensation under this chapter not additional to compensation under chapter 62-4.