There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 62-4-6 — Additional compensation for specific bodily injuries.
62-4-6. Additional compensation for specific bodily injuries. For injuries in the following schedule, an employee shall receive in addition to compensation provided by §§ 62-4-1, 62-4-3, and 62-4-5.1, compensation for the following further periods, subject to the limitations as to rate and amounts fixed in § 62-4-3, for the specific medical impairment herein mentioned, but may not receive any compensation under any other provisions of this title:
(1) For the loss of a thumb, or the
permanent and complete loss of its use, fifty weeks of
compensation;
(2) For the loss of a first finger,
commonly called the index finger, or the permanent and complete
loss of its use, thirty-five weeks of compensation;
(3) For the loss of a second finger, or
the permanent and complete loss of its use, thirty weeks of
compensation;
(4) For the loss of a third finger, or the
permanent and complete loss of its use, twenty weeks of
compensation;
(5) For the loss of fourth finger,
commonly called the little finger, or the permanent and complete
loss of its use, fifteen weeks of compensation;
(6) The loss of the first phalange of the
thumb, or of any finger, shall be considered to be equal to the
loss of one-half of such thumb or finger and compensation shall be
one-half of the amounts specified; compensation for the loss of
less than the first phalange of a thumb or finger shall be in such
proportion as the partial loss bears to the loss of the first
phalange;
(7) The loss of more than one phalange, or
fraction thereof, shall be considered as the loss of the entire
finger or thumb, but in no case shall the amount received for more
than one finger exceed the amount provided in this schedule for the
loss of a hand;
(8) For the loss of a great toe, thirty
weeks of compensation;
(9) For the loss of one or more of the
toes other than the great toe, ten weeks, and for the additional
loss of one or more toes other than the great toe, an additional
ten weeks of compensation;
(10) The loss of the first phalange of any
toe shall be considered to be equal to the loss of one-half of such
toe, and compensation shall be one-half the amount above specified;
compensation for the loss of less than the first phalange of a toe
shall be in such proportion as the partial loss bears to the loss
of the first phalange;
(11) The loss of more than one phalange,
or fraction thereof, shall be considered as the loss of the entire
toe;
(12) For the loss of a hand, or the
permanent and complete loss of its use, one hundred fifty weeks of
compensation;
(13) For the loss of an arm, or the
permanent and complete loss of its use, two hundred weeks of
compensation;
(14) Amputation of the arm below the elbow
shall be considered the loss of a hand, if enough of the forearm
remains to permit the use of an effective artificial member;
otherwise it shall be considered as the loss of an arm;
(15) For the loss of a foot, or the
permanent and complete loss of its use, one hundred twenty-five
weeks of compensation;
(16) For the loss of a leg, or the
permanent and complete loss of its use, one hundred sixty weeks of
compensation;
(17) Amputation of the leg below the knee
shall be considered as the loss of a foot, if enough of the lower
leg remains to permit the use of an effective artificial member;
otherwise it shall be considered as the loss of a leg;
(18) For the loss of the sight of an eye,
one hundred fifty weeks of compensation;
(19) For the permanent and complete loss
of hearing in one ear, fifty weeks of compensation;
(20) For the permanent and complete loss
of hearing in both ears, one hundred fifty weeks of
compensation;
(21) For permanent partial disability
resulting from injury to the back, compensation for that proportion
of three hundred twelve weeks which is represented by the
percentage that such permanent partial disability bears to the body
as a whole;
(22) In all cases in the above schedule
under this section, if the medical impairment is partial and
permanent, the compensation shall bear such relation to the maximum
amount for complete and permanent loss as defined in this section
as the medical impairment bears to the complete loss;
(23) The loss of both hands or both arms,
or both feet, or both legs, or both eyes or of any two thereof, or
complete and permanent paralysis, or total and permanent loss of
mental faculties, or any other injury which totally incapacitates
the employee from working at any occupation which brings him an
income, shall constitute total disability, to be compensated
according to the compensation fixed by § 62-4-7. These
specific cases of total and permanent disability shall not be
construed as excluding other cases of total or permanent
disability;
(24) For permanent disfigurement, or
permanent disability resulting from injury to any part of the body
not hereinbefore listed, compensation for that portion of three
hundred twelve weeks which is represented by the percentage that
such permanent partial disability or permanent disfigurement bears
to the body as a whole.
Source: SDC 1939, § 64.0403 (4); SL 1945, ch 354; SL 1947, ch 424, § 3; SL 1969, ch 287, §§ 1, 2; SL 1971, ch 283; SL 1975, ch 322, § 4; SL 1978, ch 370, §§ 9, 10; SL 1994, ch 396, § 6; SL 1996, ch 307, § 2.
Source: SDC 1939, § 64.0403 (4); SL 1945, ch 354; SL 1947, ch 424, § 3; SL 1969, ch 287, §§ 1, 2; SL 1971, ch 283; SL 1975, ch 322, § 4; SL 1978, ch 370, §§ 9, 10; SL 1994, ch 396, § 6; SL 1996, ch 307, § 2.
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