ENTITLED, An Act to adopt updated guidelines for the evaluation of permanent impairment in
connection with workers' compensation claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 62-7-39 be amended to read as follows:
62-7-39. An employee, employer, employer's insurer, or self-insured employer shall be permitted
to use the results of post-offer base line testing or a functional capacity assessment, as utilized by
Guidelines to the Evaluation of Permanent Impairment established by the American Medical
Association, sixth edition, July 2009 reprint, performed during the course of employment, or other
medical evidence of impairment for the purpose of determining permanent partial or permanent total
disability compensation due to an employee.
Section 2. That § 62-1-1.2 be amended to read as follows:
62-1-1.2. For the purposes of this chapter, impairment shall be determined by a medical
impairment rating, expressed as a percentage to the affected body part, using the Guides to the
Evaluation of Permanent Impairment established by the American Medical Association, sixth
edition, July 2009 reprint.
An Act to adopt updated guidelines for the evaluation of permanent impairment in connection with
workers' compensation claims.
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I certify that the attached Act
originated in the
SENATE as Bill No. 75
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 75
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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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
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