There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 62-1-1 — Definition of terms.
62-1-1. Definition of terms. Terms used in this title, unless the context otherwise plainly requires, shall mean:
(1) "Annual earnings," the average weekly
wages, computed as provided in §§ 62-4-24 to 62-
4-28, inclusive, multiplied by fifty-two;
(2) "Ascertainable loss," a loss becomes
ascertainable when it becomes apparent that permanent disability
and the extent thereof has resulted from an injury and that the
injured area will get no better or no worse because of the
injury;
(3) "Average weekly wages," the earnings
of the injured employee, computed as provided in
§§ 62-4-24 to 62-4-28, inclusive;
(4) "Department," the Department of Labor
created by chapter 1-37;
(5) "Domestic servant," an employee who
performs services in or around a home, which pertain to a house,
home, household, lawn, garden, or family. The term includes baby
sitters but does not include an independent contractor;
(6) "Earnings," the amount of compensation
for the number of hours commonly regarded as a day's work for the
employment in which the employee was engaged at the time of his
injury. It includes payment for all hours worked, including
overtime hours at straight-time pay, and does not include any sum
which the employer has been accustomed to pay the employee to cover
any special expense entailed by him by the nature of his
employment; wherever allowances of any character made to an
employee in lieu of wages are specified as a part of the wage
contract, they shall be deemed a part of his earnings;
(7) "Injury" or "personal injury," only
injury arising out of and in the course of the employment, and does
not include a disease in any form except as it results from the
injury. An injury is compensable only if it is established by
medical evidence, subject to the following conditions:
(a) No injury is compensable unless the
employment or employment related activities are a major
contributing cause of the condition complained of; or
(b) If the injury combines with a
preexisting disease or condition to cause or prolong disability,
impairment, or need for treatment, the condition complained of is
compensable if the employment or employment related injury is and
remains a major contributing cause of the disability, impairment,
or need for treatment;
(c) If the injury combines with a
preexisting work related compensable injury, disability, or
impairment, the subsequent injury is compensable if the subsequent
employment or subsequent employment related activities contributed
independently to the disability, impairment, or need for
treatment.
The term
does not include a mental injury arising from emotional, mental, or
nonphysical stress or stimuli. A mental injury is compensable only
if a compensable physical injury is and remains a major
contributing cause of the mental injury, as shown by clear and
convincing evidence. A mental injury is any psychological,
psychiatric, or emotional condition for which compensation is
sought;
(8) "Temporary disability, total or
partial," the time beginning on the date of injury, subject to the
limitations set forth in § 62-4-2, and continuing until
the employee attains complete recovery or until a specific loss
becomes ascertainable, whichever comes first.
Source: SDC 1939, § 64.0102 (3) to (7); SL 1943, ch 313; SL 1974, ch 333, § 1; SL 1975, ch 322, § 1; SL 1978, ch 370, § 20; SL 1992, ch 364, § 4; SL 1993, ch 379, § 1; SL 1994, ch 395; SL 1994, ch 396, § 5; SL 1995, ch 296, § 6; SL 1995, ch 297, § 6; SL 1999, ch 261, § 2.
Source: SDC 1939, § 64.0102 (3) to (7); SL 1943, ch 313; SL 1974, ch 333, § 1; SL 1975, ch 322, § 1; SL 1978, ch 370, § 20; SL 1992, ch 364, § 4; SL 1993, ch 379, § 1; SL 1994, ch 395; SL 1994, ch 396, § 5; SL 1995, ch 296, § 6; SL 1995, ch 297, § 6; SL 1999, ch 261, § 2.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.