South Dakota Statutes
§ 62-4-24 — Employment for year preceding injury--Determination of average weekly wage.
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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South Dakota § 62-4-24 (Employment for year preceding injury--Determination of average weekly wage.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Caldwell v. John Morrell & Co.
489 N.W.2d 353 (South Dakota Supreme Court, 1992)
Hendrix v. Graham Tire Co.
520 N.W.2d 876 (South Dakota Supreme Court, 1994)
Western Surety Co. v. Mydland
179 N.W.2d 3 (South Dakota Supreme Court, 1970)
Dubbelde v. John Morrell & Co.
473 N.W.2d 500 (South Dakota Supreme Court, 1991)
Wheeler v. Cinna Bakers LLC
2015 SD 25 (South Dakota Supreme Court, 2015)
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.
Nearby Sections
15
§ 62-1-1
Definition of terms.§ 62-1-1.1
Medical practitioner defined.§ 62-1-1.2
Determining impairment.§ 62-1-11
Requirements for owner§ 62-1-13
Election of owner§ 62-1-14
Promulgation of rules.§ 62-1-2
Employer defined.