If an employee who has previously sustained an injury, or suffers from a preexisting condition, receives a subsequent compensable injury, the current employer shall pay all medical and hospital expenses and compensation provided by this title.
S.D. Codified Laws § 62-1-18
Current employer liable for costs and compensation of subsequent compensable injury
Applied in 2 court decisions — leading case Kassube v. Dakota Logging (2005)
Most recently applied in Baier v. Dean Kurtz Construction Inc. (February 2009)
Source: SL 1999, ch 262, § 14.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.