South Dakota Codified Laws
Chapter 08 - Occupational Disease Disability
Section 62-8-47 - Compensation under this chapter not additional to compensation under chapter 62-4.

62-8-47. Compensation under this chapter not additional to compensation under chapter 62-4.
The compensation provided for under this chapter is not in addition to compensation which may be payable under chapter 62-4, and in all cases where injury results by reason of an accident arising out of or in the course of employment and compensation is payable therefor under said chapter 62-4, no compensation under this chapter is payable.

Source: SDC 1939, §64.0827 as enacted by SL 1947, ch 426; SL 2008, ch 278, §79.

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.