§ 62-8-24 — Waiver of full compensation for aggravation of nondisabling silicosis--Amount of claim limited.

If an employee, though not actually disabled, has nondisabling silicosis, the employee may, subject to the approval of the Department of Labor and Regulation, waive in writing full compensation for any aggravation of the employee's condition that may result from the employee continuing in the hazardous occupation. If the employee later suffers total disablement or death as a result of the disease with which the employee was affected after such a waiver, compensation shall be payable as provided in this chapter. However, the amount of compensation, whether for disability or death or both, may not exceed fifty-two times the maximum weekly benefit rate in effect at the time of total disability or death occurs. A waiver so permitted remains effective, for the trade, occupation, process, or employment for which executed, notwithstanding change of employer. The secretary of labor and regulation may promulgate rules pursuant to chapter 1-26 relative to the form, execution, filing, or registration, and public inspection of waivers or records thereof.

Legislative History

SDC 1939, § 64.0814 as enacted by SL 1947, ch 426; SL 1983, ch 22, § 23; SL 1993, ch 375, § 41; SL 2008, ch 278, § 65; SL 2011, ch 1 (Ex. Ord.