62-9-12. Removal from exposure for six-month period prerequisite to filing of claim--Limitation period applicable to claims--How claims to be filed.
No claim for occupational hearing loss may be filed until the employee has been removed from exposure to excessive noise for at least a period of six months. Removal from exposure occurs when an employee is transferred to a working environment free from excessive noise, or upon separation from employment. Any claim not filed within two years after the employee has been removed from the exposure to excessive noise for the six month period is forever barred. Claims under this chapter shall be filed in the same manner and under the same requirements as claims for compensation for injury or accident.
Source: SL 1986, ch 427, ยง12.
Structure South Dakota Codified Laws
Title 62 - Workers' Compensation
Chapter 09 - Compensation For Permanent Loss Of Hearing
Section 62-9-1 - Compensation for permanent occupational hearing loss.
Section 62-9-2 - Definition of terms.
Section 62-9-3 - Calculation of hearing loss--What loss is compensable.
Section 62-9-4 - Hearing loss to be determined on binaural basis--How calculated.
Section 62-9-5 - Deductions from total average decibel loss.
Section 62-9-6 - Amount of compensation payable for total or partial hearing loss.
Section 62-9-7 - No benefits for temporary total or partial disability or for tinnitus.
Section 62-9-11 - Effect of hearing aid use on compensation--Provision of hearing aid by employer.
Section 62-9-14 - Compensability of hearing loss caused by explosion or trauma.