2010 South Dakota Code
Title 62 - WORKERS' COMPENSATION
Chapter 01 - Definitions And General Provisions
Section 62-1-1.3 - Presumption that certain noncompensable injuries are nonwork related--Coverage under other insurance policy.

62-1-1.3. Presumption that certain noncompensable injuries are nonwork related--Coverage under other insurance policy. If an employer denies coverage of a claim on the basis that the injury is not compensable under this title due to the provisions of subsection 62-1-1(7)(a), (b), or (c), such injury is presumed to be nonwork related for other insurance purposes, and any other insurer covering bodily injury or disease of the injured employee shall pay according to the policy provisions. If coverage is denied by an insurer without a full explanation of the basis in the insurance policy in relation to the facts or applicable law for denial, the director of the Division of Insurance may determine such denial to be an unfair practice under chapter 58-33. If it is later determined that the injury is compensable under this title, the employer shall immediately reimburse the parties not liable for all payments made, including interest at the category B rate specified in § 54-3-16.

Source: SL 1995, ch 297, § 7; SL 1997, ch 302, § 1.