South Dakota § 62-7-38 Multiple employers or insurers where preexisting injury or cumulative trauma claimed--Responsibility for payment.

South Dakota Statutes

§ 62-7-38 — Multiple employers or insurers where preexisting injury or cumulative trauma claimed--Responsibility for payment.

South Dakota § 62-7-38

Title 62WORKERS' COMPENSATION

Ch. 62-7CLAIMS PROCEDURE

This text of South Dakota § 62-7-38 (Multiple employers or insurers where preexisting injury or cumulative trauma claimed--Responsibility for payment.) 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 § 62-7-38 (2026).

Text

In cases where there are multiple employers or insurers, if an employee claims an aggravation of a preexisting injury or if an injury is from cumulative trauma making the exact date of injury undeterminable, the insurer providing coverage to the employer at the time the aggravation or injury is reported shall make immediate payment of the claim until all employers and insurers agree on responsibility or the matter is appropriately adjudicated by the Department of Labor and Regulation pursuant to this chapter.

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In cases where there are multiple employers or insurers, if an employee claims an aggravation of a preexisting injury or if an injury is from cumulative trauma making the exact date of injury undeterminable, the insurer providing coverage to the employer at the time the aggravation or injury is reported shall make immediate payment of the claim until all employers and insurers agree on responsibility or the matter is appropriately adjudicated by the Department of Labor and Regulation pursuant to this chapter.