62-9-8. No benefits where employee fails to regularly use employer-provided protection devices.
No compensation benefits are payable for occupational loss of hearing caused by excessive noise if the employee fails to regularly use the employer-provided protection device or devices which are capable of preventing loss of hearing from the particular excessive noise where the employee works.
Source: SL 1986, ch 427, ยง8.
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.