South Dakota § 62-1-25 Effect of concurrent employment on calculation of average weekly wage for claims after May 5, 2015.

South Dakota Statutes

§ 62-1-25 — Effect of concurrent employment on calculation of average weekly wage for claims after May 5, 2015.

South Dakota § 62-1-25

Title 62WORKERS' COMPENSATION

Ch. 62-1DEFINITIONS AND GENERAL PROVISIONS

This text of South Dakota § 62-1-25 (Effect of concurrent employment on calculation of average weekly wage for claims after May 5, 2015.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 62-1-25 (2026).

Text

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.

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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.