There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 62-4-52 — Definition of terms.
62-4-52. Definition of terms. Terms used in § 62-4-53 mean:
(1) "Community," the area within sixty
road miles of the employee's residence unless:
(a) The employee is physically limited to
travel within a lesser distance;
(b) Consideration of the wages available
within sixty road miles and the cost of commuting to the job site
makes it financially infeasible to work within such a
distance;
(c) An employee has expanded the
employee's community by regularly being employed at a distance
greater than sixty road miles of the employee's residence, in which
case community shall be defined as that distance previously
traveled.
(2) "Sporadic employment resulting in an
insubstantial income," employment that does not offer an employee
the opportunity to work either full-time or part-time and pay wages
equivalent to, or greater than, the workers' compensation benefit
rate applicable to the employee at the time of the employee's
injury. Commission or piece-work pay may or may not be considered
sporadic employment depending upon the facts of the individual
situation. If a bona fide position is available that has essential
functions that the injured employee can perform, with or without
reasonable accommodations, and offers the employee the opportunity
to work either full-time or part-time and pays wages equivalent to,
or greater than, the workers' compensation benefit rate applicable
to the employee at the time of the employee's injury the employment
is not sporadic. The department shall retain jurisdiction over
disputes arising under this provision to ensure that any such
position is suitable when compared to the employee's former job and
that such employment is regularly and continuously available to the
employee.
Source: SL 1994, ch 396, § 7; SL 1999, ch 261, § 6.
Source: SL 1994, ch 396, § 7; SL 1999, ch 261, § 6.
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.