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النشر الإلكتروني

SOUTH DAKOTA.

(Enacted 1917; Revised Code 1919, Volume 2, Article 4; Amended Laws 1919, pages 448-452; Laws 1921, pages 552-556; Amended

1923, Laws of, pages 330-332.)

I. SCOPE AND APPLICATION.

1. It is compulsory as to the state and any municipal corporation within the state or any political division thereof and to the employees thereof.

Every employer and employee shall be presumed to have accepted the provisions to pay compensation for death and personal injury in course of employment, unless he has exempted himself from operation of article, but this article does not apply to employee whose employment is both casual and not in usual course of trade or occupation of employer, to farm laborers, domestic servants, not to employers of any such persons; provided, employers may place themselves under provisions of act by voluntarily insuring their risk under such law and their employees shall have the right of rejection if they desire. The act by amendment in 1919 was extended to apply to operation of threshing machines, including traction engines and separators.

2. No employer who elects not to operate under act shall in any action at law by employee electing to operate under act, to recover damages for injury or death, be permitted to defend upon following grounds: (1) That employee was negligent; (2) that injury was caused by negligence of fellow servant; (3) that employee assumed risk.

In action by employee who elects not to be bound by act, against employer accepting compensation provisions, employer may avail himself of defense of contributory negligence, negligence of fellow servant and assumption of risk and other defenses as would be available in such actions in absence of this chapter.

3. Any employer or employee who has exempted himself from act may waive such exemption by notice thirty days prior to injury.

4. No compensation shall be allowed for injury or death due to employee's willful conduct, intentional self-inflicted injury, intoxication or refusal to use safety appliance or perform duty required by statute,

5. This act does not apply to employers nor to their employees engaged in interstate commerce.

II. COMPENSATION.

1. INJURIES RESULTING IN DEATH:

(a) If employee leaves widow, child or children whom he
was under legal obligations to support, a sum equal to
four times average annual earnings of employee, but not
less than $1,650.00 and not more than $3,000.00, any
compensation payments other than necessary medical and
hospital fees to be deducted in ascertaining amount pay-
able at death.

(b) If no amount payable under "a" of this subsection and
employee leaves any parent, grandparent, brothers or sis-
ters dependent upon him at time of accident, a sum equal
to four times average annual earnings but not less than
$1,650.00 and not more than $3,000.00. Any compensation
payments other than necessary surgical and hospital serv-
ice deducted in ascertaining amount payable on death.
(c) If no amount is payable under "a" or "b" and employee
leaves collateral heirs dependent at time of injury such
percentage of sum provided in paragraph "a" of this sub-
section as average annual contributions which deceased
made to support of such collaterals dependent heirs during
two years preceding injury bears to his earnings during
such two years.

(d) If no amount payable under "a," "b" or "c" a sum not
to exceed $150.00 for burial expenses.
(e) All compensation except for burial expenses shall be paid
in installments equal to one-half of average earnings at
same interval at which wages were paid; or if this be not
feasible, then installments shall be paid weekly; provided,
compensation may be paid in lump sum.

(f) Compensation to be paid for injury resulting in death as
provided in this subsection shall be paid at option of em-
ployer, either to personal representative or to beneficiaries
of deceased, and shall be distributed to heirs who formed
basis for determining amount of compensation to be paid
by employer, the distributee's share to be in proportion of
their respective dependency at time of injury on earnings
of decedent; provided, that in judgment of court, appoint-
ing personal representative, a child's distributive share
may be paid to parent for support of child. Payment of
compensation by employer to personal representative shall
relieve him of all obligation as to distribution of compen-
sation paid. Distribution of compensation by personal
representative shall be made pursuant to order of court
appointing him. With approval of Industrial Commis-
sioner, compensation payable to widow and children of

deceased may be paid to surviving widow, without appointment of guardian, and such payment will relieve employer of obligations as to distribution. Except in cases. where lump-sum settlement has been approved, such approval by Commissioner may be revoked at any time. (g) No compensation shall be payable under section to widow unless living with her deceased husband at time of death, or was then dependent upon him for support. Should any dependent of deceased employee die, right of such compensation under this section shall cease. In case of re

marriage of widow who has dependent children, unpaid balance shall be paid to such children.

(h) No compensation shall be payable under this act to widow or dependent unless such widow or dependent was resident of United States at time of death of deceased.

2. INJURY NOT RESULTING IN DEATH:

(a) First aid, medical. Employer shall provide necessary first aid, medical, surgical and hospital services and supplies during disability and treatment and hospital services for period not longer than 12 weeks, not to exceed $150.00; employee may elect to secure physician or hospital services at his own expense. (b) Total temporary disability. If disability continues for six weeks or longer, compensation shall be computed from date of injury equal to 55 per cent of earnings, but not to exceed $15.00 per week and not less than $7.50, except when amount earned is less than that, in which case the amount of compensation earned.

(c) Temporary partial disability. No provision. (d) Partial disability. If employee becomes partially incapacitated from pursuing his usual line of employment he shall, except in cases covered by specific schedule set forth in "f," receive compensation subject to limitations as to time and maximum amounts fixed in "b" and "h" of this section, equal to one-half of difference between average amount which he earned before accident and average amount he is able to earn in some suitable employment after accident. In event employee returns to employer's service, he shall not be barred from asserting claim, provided notice of such claim is filed with Commissioner within eighteen months after he returns. (e) Disfigurement. For any serious disfigurement to hand, head or face, amount not to exceed one-fourth of amount of compensation which would have been payable as death benefit under subsection 1 if employee had died as result of injury at time thereof, leaving heirs surviving as provided in paragraph "a" of subsection 1; provided, that no compensation shall be payable under this paragraph

where compensation is payable under paragraphs “d," "f" and "g" of this subsection and provided when disfigurement is to hand, head or face as result of an injury for which compensation is payable under foregoing paragraphs of this subsection, compensation may be had under this paragraph.

(f) Specific injuries. For injuries in schedule employee shall receive in addition to compensation during temporary total incapacity, in accordance with paragraphs "a" and "b," compensation for further period subject to limitations as to time and amount fixed in "b" and "h" of this subsection, for specific loss herein mentioned, but shall not receive compensation under any other provisions of this article.

Loss of thumb, or permanent and complete loss of use, 55 per cent average weekly wages during 50 weeks.

Loss of first finger, called index finger, or permanent and complete loss of use, 55 per cent of average weekly wages during 35 weeks.

Loss of second finger, or permanent and complete loss of use, 55 per cent of average weekly wages during 30 weeks.

Loss of third finger, or permanent and complete loss of use, 55 per cent of average weekly wages during 20 weeks.

Loss of fourth finger, called little finger, or permanent and complete loss of use, 55 per cent of weekly wages during 15 weeks.

Loss of first phalange of thumb, or of any finger, considered equal to loss of one-half of thumb or finger and compensation one-half of amount above specified.

Loss of more than one phalange considered as loss of entire finger or thumb; provided, that in no case shall amount received for more than one finger exceed amount provided in schedule for loss of hand.

Loss of great toe, 55 per cent average weekly wages for 30 weeks.

Loss of more than one toe other than great toe, 55 per cent average weekly wages during 10 weeks, and for additional loss of one or more toes other than great toe, 55 per cent of average weekly wages during 10 weeks.

Loss of first phalange of any toe considered equal to loss of one-half of such toe, and compensation one-half of amount above specified.

Loss of more than one phalange considered as loss of entire toe.

Loss of a hand or permanent and complete loss of its use, 55 per cent of average weekly wage during 150 weeks.

Loss of arm or permanent and complete loss of its use, 55 per cent of average weekly wages during 200 weeks. Loss of foot or permanent and complete loss of use, 55 per cent of average weekly wages during 125 weeks. Loss of leg or permanent and complete loss of its use, 55 per cent of average weekly wages during 160 weeks. Loss of sight of eye, 55 per cent of average weekly wages during 100 weeks.

In all cases in above schedule under this clause, where the loss of use is partial and permanent, the compensation shall bear such relation to maximum amount for complete and permanent loss of use as defined in this clause as partial loss of use bears to complete loss of use. (g) Total permanent disability. In case of complete disability which renders employee wholly incapable of work, compensation equal to 55 per cent of earnings, but not less than $7.50 nor more than $15.00 per week, commencing on day after injury and continuing until amount paid equals amount which would have been payable as death benefit under paragraph "a" of subsection 1. The loss of both hands or both arms or both feet or both legs or both eyes or any two thereof, or complete and permanent paralysis, or total and permanent loss of mental faculties or any other injury which totally incapacitates employee from working at any occupation which will bring him an income shall be compensated as total disability, providing that these specific cases of total and permanent disability shall not be construed as excluding other cases of total and permanent disability.

In case death occurs as result of injury before the total of payments made equals amount payable as death benefits, then in case the employee leaves any widow, children, parents, grandparents or other lineal heirs entitled to compensation under preceding section, the difference between compensation for death and sum of payments made to employee shall, at option of employer, be payable to personal representative or beneficiaries and distributed under "f" of subsection 1, but in no case shall amount payable under this paragraph be less than $500.00.

(h) In no event shall compensation be paid to exceed 55 per cent of average weekly wage or exceed $15.00 per week in amount, nor, except in cases of complete disability, shall any payment extend over period of more than six years. In case injured employee should be incompetent when right accrues to him, a guardian shall be appointed and may exercise the right or privilege with same force or effect as if employee was competent and claimed or exercised such rights and privileges; and no limitations of time by this act provided shall run so long as said incompetent employee is without guardian.

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