If an employee working subject to this chapter, who has not previously executed any of the waivers referred to in §§ 62-8-24 to 62-8-26, inclusive, and who would be entitled to compensation under this chapter if disabled, is, because the employee had a nondisabling silicosis, discharged from employment in which the employee is engaged, or if an employee, after an examination as provided in § 62-8-28 and a finding by the medical panel that it is inadvisable for the employee to continue in employment, terminates employment, the department may allow the compensation on account of the discharge or termination of employment as the department deems just, but in no case to exceed one thousand dollars, which payment shall operate as a complete release and discharge of all liability of the employer.

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Terms Used In South Dakota Codified Laws 62-8-27

  • 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, § 64.0817 (1) as enacted by SL 1947, ch 426; SL 2008, ch 278, § 68.