2006 South Dakota Code - 62-8-24 — Waiver of full compensation for aggravation of nondisabling silicosis--Amount ofclaim limited.

     62-8-24.   Waiver of full compensation for aggravation of nondisabling silicosis--Amount of claim limited. If an employee, though not actually disabled, has nondisabling silicosis, he may, subject to the approval of the Department of Labor, waive in writing full compensation for any aggravation of his condition that may result from his continuing in his hazardous occupation. If the employee later suffers total disablement or death as a result of the disease with which the employee was affected after such a waiver, compensation shall nevertheless be payable as provided in this chapter, but the amount of compensation, whether for disability or death or both, may not exceed fifty-two times the maximum weekly benefit rate in effect at the time of total disability or death occurs. A waiver so permitted shall remain effective, for the trade, occupation, process, or employment for which executed, notwithstanding a change or changes of employer. The secretary of labor may promulgate rules pursuant to chapter 1-26 relative to the form, execution, filing, or registration, and public inspection of waivers or records thereof.

Source: SDC 1939, § 64.0814 as enacted by SL 1947, ch 426; SL 1983, ch 22, § 23; SL 1993, ch 375, § 41.