As to an employee who before the accident for which the employee claims compensation was disabled and drawing compensation under the terms of this title, the compensation for each subsequent injury shall be apportioned according to the proportion of incapacity and disability caused by the respective injuries which the employee may have suffered.
S.D. Codified Laws § 62-4-29
Apportionment of compensation for subsequent injury
Applied in 4 court decisions — leading case Novak v. CJ Grossenburg and Son (1975)
Most recently applied in Kassube v. Dakota Logging (October 2005)
Source: SL 1917, ch 376, § 26; RC 1919, § 9461 (8); SDC 1939, § 64.0404 (5); SL 2008, ch 278, § 27.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.