62-8-44. Modification of award.
An award or denial of award of compensation for an occupational disease may be reviewed and compensation increased, reduced or terminated where previously awarded, or awarded where previously denied, only upon proof of fraud or of change in the conditions, and then only upon application by a party in interest made not later than one year after the denial or award, or, where compensation has been awarded, after the date when the last payment was made under the award, except in case of silicosis where such time limit shall be two years.
Source: SDC 1939, ยง64.0824 as enacted by SL 1947, ch 426.
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.