2006 South Dakota Code - 62-8-28 — Petition of employee for examination for silicosis--Payment of costs--Findings ofdepartment.

     62-8-28.   Petition of employee for examination for silicosis--Payment of costs--Findings of department. Any employee who in the course of his employment has been exposed to the inhalation of silica dust and who wishes to submit to examination by the department to determine whether such employee has silicosis, and the degree thereof, may petition the department for an order directing such examination. The cost of such medical examination shall be borne by the employee making application. The department shall submit copies of the report of such examination to the employer and employee, who shall have opportunity to rebut the same, provided request therefor is made to the department within thirty days from the mailing of such report to the parties. The department shall make its findings as to whether or not it is inadvisable for the employee to continue in his employment.

Source: SDC 1939, § 64.0817 (2) as enacted by SL 1947, ch 426.