The right to compensation under this title shall be forever barred unless a written petition for hearing pursuant to § 62-7-12 is filed by the claimant with the department within two years after the self-insurer or insurer notifies the claimant and the department, in writing, that it intends to deny coverage in whole or in part under this title. If the denial is in part, the bar shall only apply to such part.
S.D. Codified Laws § 62-7-35
Limitation of action on claim for compensation
Applied in 16 court decisions — leading case Faircloth v. Raven Industries, Inc. (2000)
Most recently applied in May v. Spearfish Pellett Co., LLC (August 2021)
Source: SL 1917, ch 376, § 22; RC 1919, § 9457; SDC 1939, § 64.0611; SL 1969, ch 288; SL 1978, ch 370, § 19; SL 1980, ch 365, § 3; SL 2005, ch 285, § 1.
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.