Usual and customary line of employment is to be determined by evaluation of the following factors:

(1) The skills or abilities of the person;

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Terms Used In South Dakota Codified Laws 62-4-54

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) The length of time the person spent in the type of work engaged in at the time of the injury;

(3) The proportion of time the person has spent in the type of work engaged in at the time of injury when compared to the employee’s entire working career; and

(4) The duties and responsibilities of the person at the workplace. It is not limited by the position held at the time of the injury.

Source: SL 1994, ch 396, § 10.