2017 South Dakota Codified Laws
Title 62 - WORKERS' COMPENSATION
Chapter 06 - Employers' Records And Reports
§ 62-6-7 Demand for employee's work-related records--Production of records--Employee waiver of right to privacy.
62-6-7. Demand for employee's work-related records--Production of records--Employee waiver of right to privacy. An employer which complies with this title shall produce, if demanded by any employer or insurer against whom an injured employee has made a workers' compensation claim, the work-related records referring to its employee available for the fifty-two weeks preceding the employee's claimed dates of injury, such as:
(1) The weeks in which the employee performed services;
(2) The earnings the employee received for the services, as defined in subdivision 62-1-1(6);
(3) Interruptions in employment if the employee was rehired or seasonally employed;
(4) Changes in the employee's grade of employment;
(5) The employee's job description; and
(6) Federal or state tax deductions.
The employer receiving this demand shall produce the employee's work-related records in ten business days, and may charge a fee for the production of the records. The fee for the production of the employee's work-related records may not exceed fifteen dollars.
An employee waives any right to privacy to these work-related records when the employee makes a claim for workers' compensation benefits and the employee consents to the release of these work-related records to the employer or insurer against which the employee is making a claim for workers' compensation benefits.
Source: SL 2016, ch 236, ยง 5.
