South Dakota Codified Laws 62-7-38. Multiple employers or insurers where preexisting injury or cumulative traumaclaimed–Responsibility for payment
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In cases where there are multiple employers or insurers, if an employee claims an aggravation of a preexisting injury or if an injury is from cumulative trauma making the exact date of injury undeterminable, the insurer providing coverage to the employer at the time the aggravation or injury is reported shall make immediate payment of the claim until all employers and insurers agree on responsibility or the matter is appropriately adjudicated by the Department of Labor and Regulation pursuant to this chapter.
Terms Used In South Dakota Codified Laws 62-7-38
- 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: SL 1994, ch 396, § 3A; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.