South Dakota Codified Laws
Chapter 08 - Occupational Disease Disability
Section 62-8-28 - Petition of employee for examination for silicosis--Payment of costs--Findings of department.

62-8-28. Petition of employee for examination for silicosis--Payment of costs--Findings of department.
Any employee who in the course of employment has been exposed to the inhalation of silica dust and who wishes to submit to examination by the department to determine whether the employee has silicosis, and the degree thereof, may petition the department for an order directing the examination. The cost of the medical examination shall be borne by the employee making application. The department shall submit copies of the report of the examination to the employer and employee, who shall have opportunity to rebut the same, if the request therefor is made to the department within thirty days from the mailing of the report to the parties. The department shall make its findings as to whether or not it is inadvisable for the employee to continue in employment.

Source: SDC 1939, §64.0817 (2) as enacted by SL 1947, ch 426; SL 2008, ch 278, §69.

Structure South Dakota Codified Laws

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 62-8-6 - Employers and workers subject to chapter--Security for compensation--Right to compensation as exclusive remedy.

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 62-8-15 - Last employer liable--Amount of compensation--Notice of disability--Claim for compensation.

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 62-8-22 - Disability or death due to employee's willful misconduct, willful self-exposure, or disobedience not compensable.

Section 62-8-23 - Willful self-exposure--Acts constituting.

Section 62-8-24 - Waiver of full compensation for aggravation of nondisabling silicosis--Amount of claim limited.

Section 62-8-25 - Contract waiving all claims for compensation for aggravation of nondisabling silicosis.

Section 62-8-26 - Voluntary waiver--Finding by department.

Section 62-8-27 - Termination of employment because of nondisabling silicosis--Allowance of compensation.

Section 62-8-28 - Petition of employee for examination for silicosis--Payment of costs--Findings of 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.