South Dakota Codified Laws 62-1-25. Effect of concurrent employment on calculation of average weekly wage for claims after May 5, 2015
For a workers’ compensation claim arising after May 5, 2015, if an employee was working for more than one employer, the employee’s earnings used to calculate the employee’s average weekly wage in §§ 62-4-24, 62-4-25, or 62-4-26 shall include the amount of compensation for the number of hours commonly regarded as a day’s work for each employer in which the person was concurrently employed at the time of the person’s injury; however, an employee’s earnings from concurrent employment are aggregated only if the injury occurred when the employee was actively working in the concurrent employment and when the injury prevents the employee from performing the employee’s duties at the employee’s other concurrent employment.
Terms Used In South Dakota Codified Laws 62-1-25
- 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
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SL 2016, ch 236, § 3.