§ 62-7-1 Compulsory medical examination of employee at request of employer
§ 62-7-2 Employee’s physician present at examination–Copy of report to employee notemploying physician
§ 62-7-3 Refusing or obstructing examination–Suspension of compensation payments
§ 62-7-5 Agreement as to compensation–Approval by department
§ 62-7-6 Petition for lump-sum settlement–Hearing by and order of department–Beneficiariesexcluded–Partial lump sum payment
§ 62-7-7 Appointment of conservator or administrator in connection with lump-sumsettlement
§ 62-7-8 Fees for health services subject to approval–Excessive fees or services
§ 62-7-8.1 Ability to pay for health care–Impermissible basis for higher fees–Misdemeanor
§ 62-7-10 Notice to employer of injury–Condition precedent to compensation
§ 62-7-12 Failure to reach agreement as to compensation–Hearing by department
§ 62-7-12.1 Hearing officer to be licensed attorney
§ 62-7-12.2 Informal request for disqualification of hearing examiner
§ 62-7-13 Hearing by department–Place of holding–Decision, filing and service
§ 62-7-14 Appointment of impartial medical examiner–Fee
§ 62-7-15 Hearing by department–Fees and mileage of witnesses–Taxation of costs
§ 62-7-16 Petition for review of decision of department–Revision or affirmance
§ 62-7-17 Appeal from decision of department without petition for review
§ 62-7-18 Decision of department not final until determination of petition for review
§ 62-7-19 Appeals to circuit court
§ 62-7-30 Notice or orders–Method of service
§ 62-7-31 Judgment taken on memorandum of agreement or portion of order or decision
§ 62-7-32 Modification or revocation of judgment taken on award or memorandum ofagreement
§ 62-7-33 Review of payment by department
§ 62-7-34 Notice given by department–Statutory notice–Writing required–Manner of service
§ 62-7-35 Limitation of action on claim for compensation
§ 62-7-35.1 Time limitation for claiming additional compensation–Application of limit
§ 62-7-35.2 Application of time limits to minor or person with mental illness or developmentaldisability
§ 62-7-35.3 Right to compensation barred under certain circumstances
§ 62-7-36 Approval of legal fees–Amount–Lump sum payment
§ 62-7-37 Mediation–Promulgation of rules
§ 62-7-38 Multiple employers or insurers where preexisting injury or cumulative traumaclaimed–Responsibility for payment
§ 62-7-39 Determining permanent partial or permanent total disability compensation
§ 62-7-40 False testimony
§ 62-7-41 Supplemental wage benefit for employee unable to return to usual and customaryemployment

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Terms Used In South Dakota Codified Laws > Title 62 > Chapter 7 - Claims Procedure

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2