ENTITLED, An Act to revise certain provisions relating to an employer's denial of workers'
compensation claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 62-1-1.3 be amended to read as follows:
62-1-1.3. If an employer denies coverage of a claim for any reason under this Title or any reason
permissible under Title 58, such injury is presumed to be nonwork related for other insurance
purposes, and any other insurer covering bodily injury or disease of the injured employee shall pay
according to the policy provisions. If coverage is denied by an insurer without a full explanation of
the basis in the insurance policy in relation to the facts or applicable law for denial, the director of
the Division of Insurance may determine such denial to be an unfair practice under chapter 58-33.
If it is later determined that the injury is compensable under this Title, the employer shall
immediately reimburse the parties not liable for all payments made, including interest at the category
B rate specified in § 54-3-16.
An Act to revise certain provisions relating to an employer's denial of workers' compensation
claims.
=========================
I certify that the attached Act
originated in the
HOUSE as Bill No. 1097
____________________________
Chief Clerk
=========================
____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1097
File No. ____
Chapter No. ______
|
|
=========================
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
=========================
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
=========================
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
|