South Dakota Statutes

§ 62-4-24 — Employment for year preceding injury--Determination of average weekly wage.

South Dakota § 62-4-24
JurisdictionSouth Dakota
Title 62WORKERS' COMPENSATION
Ch. 62-4COMPENSATION FOR INJURY OR DEATH

This text of South Dakota § 62-4-24 (Employment for year preceding injury--Determination of average weekly wage.) 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 § 62-4-24 (2026).

Text

As to an employee in an employment in which it is the custom to operate throughout the working days of the year, and who was in the employment of the same employer in the same grade of employment as at the time of the injury continuously for fifty-two weeks next preceding the injury, except for any temporary loss of time, the average weekly wage shall, where feasible, be computed by dividing by fifty-two the total earnings of the employee as defined in subdivision 62-1-1(6), during the period of fifty-two weeks. However, if the employee lost more than seven consecutive days during the period of fifty-two weeks, then the division shall be by the number of weeks and fractions thereof that the employee actually worked.

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Related

Caldwell v. John Morrell & Co.
489 N.W.2d 353 (South Dakota Supreme Court, 1992)
90 case citations
Hendrix v. Graham Tire Co.
520 N.W.2d 876 (South Dakota Supreme Court, 1994)
35 case citations
Western Surety Co. v. Mydland
179 N.W.2d 3 (South Dakota Supreme Court, 1970)
20 case citations
Dubbelde v. John Morrell & Co.
473 N.W.2d 500 (South Dakota Supreme Court, 1991)
7 case citations
Wheeler v. Cinna Bakers LLC
2015 SD 25 (South Dakota Supreme Court, 2015)
5 case citations

Legislative History

SL 1917, ch 376, §§ 26, 55; RC 1919, §§ 9461, 9490; SDC 1939, § 64.0404 (1) (a); SL 1978, ch 370, § 12; SL 2008, ch 278, § 25.

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Bluebook (online)
South Dakota § 62-4-24, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/62-4-24.