South Dakota Statutes
§ 62-4-39 — Compensation paid by employer--Reimbursement from damages recovered from third party.
If compensation has been awarded and paid under this title and the employee has recovered damages from another person, the employer having paid the compensation may recover from the employee an amount equal to the amount of compensation paid by the employer to the employee, less the necessary and reasonable expense of collecting the same, which expenses may include an attorney's fee not in excess of thirty - five percent of compensation paid, subject to § 62-7-36 .
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South Dakota § 62-4-39 (Compensation paid by employer--Reimbursement from damages recovered from third party.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Isaac v. State Farm Mutual Automobile Insurance Co.
522 N.W.2d 752 (South Dakota Supreme Court, 1994)
Dakota Plains AG Center, LLC v. Smithey
2009 SD 78 (South Dakota Supreme Court, 2009)
Andreson v. Brink Electric Construction Co.
1997 SD 104 (South Dakota Supreme Court, 1997)
Kaiser v. North River Insurance Co.
2000 SD 15 (South Dakota Supreme Court, 2000)
Liberty Mutual Insurance Co. v. Garry
1998 SD 22 (South Dakota Supreme Court, 1998)
Isack v. Acuity
2014 SD 40 (South Dakota Supreme Court, 2014)
Legislative History
SDC 1939, § 64.0301 as added by SL 1964, ch 224; SL 1994, ch 396, § 17.
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.