South Dakota § 62-4-55 Suitable, substantial, and gainful employment defined.

South Dakota Statutes

§ 62-4-55 — Suitable, substantial, and gainful employment defined.

South Dakota § 62-4-55

Title 62WORKERS' COMPENSATION

Ch. 62-4COMPENSATION FOR INJURY OR DEATH

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Bluebook

S.D. Codified Laws § 62-4-55 (2026).

Text

Employment is considered suitable, substantial, and gainful if:

(1)It returns the employee to no less than eighty-five percent of the employee's prior wage earning capacity; or (2) It returns the employee to employment which equals or exceeds the average prevailing wage for the given job classification for the job held by the employee at the time of injury as determined by the Department of Labor and Regulation.

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Employment is considered suitable, substantial, and gainful if: (1) It returns the employee to no less than eighty-five percent of the employee's prior wage earning capacity; or (2) It returns the employee to employment which equals or exceeds the average prevailing wage for the given job classification for the job held by the employee at the time of injury as determined by the Department of Labor and Regulation.