As to an employee who earns either no wage or less than the earnings of adult day laborers in the same line of employment in that locality, the average weekly wages shall be reckoned according to the average weekly wages of adults of the same class in the same or, if that is impracticable, then of neighboring employments.
S.D. Codified Laws § 62-4-28
Employee earning no wages or less than day laborers--Computation of average weekly wage
Applied in 1 court decision — leading case Nilson v. Clay County (1995)
Most recently applied in Nilson v. Clay County (July 1995)
Source: SL 1917, ch 376, § 26; RC 1919, § 9461 (6); SDC 1939, § 64.0404 (4).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.