Before approving a waiver under § 62-8-24 or 62-8-25, the department shall be satisfied that the worker has voluntarily entered into the agreement to waive compensation, that it is of greater advantage to the worker and the worker’s dependents, if any, for the worker to work in an occupation where the worker’s disease may become aggravated than to seek other employment, and that the working conditions maintained by the employer are such as to minimize the hazards of silicosis.

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Terms Used In South Dakota Codified Laws 62-8-26

  • employer: includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. See South Dakota Codified Laws 62-1-2

Source: SDC 1939, § 64.0816 as enacted by SL 1947, ch 426; SL 2008, ch 278, § 67.