Any payment, including medical payments under § 62-4-1, and disability payments under § 62-4-3 if the earnings have substantially changed since the date of injury, made or to be made under this title may be reviewed by the Department of Labor and Regulation pursuant to § 62-7-12 at the written request of the employer or of the employee and on such review payments may be ended, diminished, increased, or awarded subject to the maximum or minimum amounts provided for in this title, if the department finds that a change in the condition of the employee warrants such action. Any case in which there has been a determination of permanent total disability may be reviewed by the department not less than every five years.
S.D. Codified Laws § 62-7-33
Review of payment by department
Applied in 24 court decisions — leading case Sopko v. C & R Transfer Co., Inc. (1998)
Most recently applied in Pham v. Smithfield Foods (July 2025)
Source: SL 1917, ch 376, § 41; RC 1919, § 9476; SDC 1939, § 64.0609; SL 1980, ch 365, § 5; SL 1993, ch 381, § 3; SL 1993, ch 383, § 1; SL 2011, ch 1 (Ex
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.