§ 58-20-1 Definition of terms
§ 58-20-2 Policies subject to chapter
§ 58-20-3 Issuance of policies covering employers as well as employees–Wage values ofemployers–Rights and remedies of employers
§ 58-20-3.1 Premiums based on certain wages prohibited
§ 58-20-4 Separate coverage of workers’ compensation liabilities
§ 58-20-5 Entire liability of employer to employees covered by policy–Separate policy forspecified plant or work location, special authorization
§ 58-20-6 Agreement of insurer as to prompt payment–Obligation not affected by any defaultof insured after injury–Direct obligation of insurer
§ 58-20-7 Right of employees to enforce liability of insurance carrier–Inclusion of provisionin policy
§ 58-20-8 Payment of compensation by employer or insurance carrier bars recovery against theother
§ 58-20-9 Lien of worker upon amount due under policy–Inability of insured, direct paymentby insurer to worker, agents, and dependents
§ 58-20-10 Notice to either employer or insurer–Required policy provision
§ 58-20-11 Provision relieving insurer from payment on insolvency of insured prohibited
§ 58-20-12 Policy insuring against employers’ liability other than workers’ compensation–Required provisions–Liability of insurer–Actions for recovery
§ 58-20-13 Form of insurance to be approved before issuance–Ruling subject to appeal
§ 58-20-14 Cancellation of policy–Notice of intention to cancel–Service on employer
§ 58-20-15 Equitable apportionment among insurers of applicants for policies–Participation byall insurers–Appeal to director–Judicial review
§ 58-20-16 Reinsurance reserve–Amount required
§ 58-20-17 Unallocated compensation loss expense payments–Distribution schedule includedin annual statement
§ 58-20-18 Unallocated liability loss expense payments–Distribution schedule included inannual statement
§ 58-20-19 Inadequacy of liability or compensation loss reserves–Maintenance of additionalreserves required by director
§ 58-20-20 Annual statement–Inclusion of experience schedule
§ 58-20-21 Annual workplace safety review services–Recommendations for improved safety–Increased premiums
§ 58-20-22 Premium reductions and premium increases for certain insurers
§ 58-20-23 Liability for indemnity compensation or medical loss defined
§ 58-20-24 Policy to provide medical services and health care
§ 58-20-25 Terms as used in §§ 58-20-25 to 58-20-40
§ 58-20-26 Electric utilities authorized to form self-insurance associations
§ 58-20-27 Application for self-insurance association–Form
§ 58-20-28 Requirements to obtain self-insurance certificate
§ 58-20-29 Granting self-insurance application–Revocation
§ 58-20-30 Examination of self-insurance association’s activities and records
§ 58-20-31 Promulgation of rules governing self-insurance associations
§ 58-20-32 Voluntary termination of participation in self-insurance association
§ 58-20-33 Involuntary termination of membership in self-insurance association
§ 58-20-34 Liability for contractual obligations subsequent to termination in self-insuranceassociation
§ 58-20-35 Annual report of affairs of self-insurance associations
§ 58-20-36 Dissolution of self-insurance association to be approved by department
§ 58-20-37 Deficiency of self-insurance associations made up by members
§ 58-20-38 Revocation of self-insurance association’s certificate
§ 58-20-39 Self-insurance association not an insurance company
§ 58-20-40 Proceedings or investigations by department
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Terms Used In South Dakota Codified Laws > Title 58 > Chapter 20 - Workers' Compensation Insurance

  • 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.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Earned premiums: shall include gross premiums charged on all policies written, including all determined excess and additional premiums, less return premiums, other than premiums returned to policyholders as dividends, and less reinsurance premiums and premiums on policies canceled, and less unearned premiums on policies in force. See South Dakota Codified Laws 58-20-1
  • 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.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Insurance business: includes the transaction of all matters pertaining to a contract of insurance, both before and after the effectuation of that contract, and all matters arising out of that contract or any claim thereunder. See South Dakota Codified Laws 58-1-2
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • loss expense payments: shall include payments to claimants, including payments for medical or surgical attendants, legal expenses, salaries and expenses of investigators, adjusters and field men, rents, stationery, telegraph and telephone charges, postage, salaries and expenses of office employees, home office expenses, and all other payments made on account of claims, whether such payments shall be allocated to specific claims or unallocated. See South Dakota Codified Laws 58-20-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • State: when used in context signifying a jurisdiction other than the State of South Dakota, a state, the District of Columbia, a territory, commonwealth, or possession of the United States of America, or a province of the Dominion of Canada. See South Dakota Codified Laws 58-1-2
  • Trustee: A person or institution holding and administering property in trust.
  • 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