South Dakota Codified Laws
Chapter 08 - Occupational Disease Disability
Section 62-8-4 - Right to compensation--Applicability of workers' compensation law.

62-8-4. Right to compensation--Applicability of workers' compensation law.
If an employee of an employer subject to this chapter suffers from an occupational disease as defined in §62-8-1, and is thereby disabled from performing work in the last occupation in which the employee was injuriously exposed to the hazards of the disease, or dies as a result of the disease, and the disease was due to the nature of an occupation or process in which the employee was employed within the period previous to the employee's disablement limited in this chapter, the employee, or, in case of the employee's death, the employee's dependents, are entitled to compensation as provided in the workers' compensation law, as if the disablement or death were an injury by accident, except as otherwise provided in this chapter. The practice and procedure prescribed in the workers' compensation law shall apply to proceedings for compensation for such diseases, except as in this chapter otherwise provided.

Source: SDC 1939, §64.0802 as enacted by SL 1947, ch 426; SL 2008, ch 278, §52.

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