In any case in which any benefits have been tendered pursuant to this title on account of an injury, any claim for additional compensation shall be barred, unless the claimant files a written petition for hearing pursuant to § 62-7-12 with the department within three years from the date of the last payment of benefits. The provisions of this section do not apply to review and revision of payments or other benefits under § 62-7-33.
S.D. Codified Laws § 62-7-35.1
Time limitation for claiming additional compensation--Application of limit
Applied in 6 court decisions — leading case Faircloth v. Raven Industries, Inc. (2000)
Most recently applied in Pham v. Smithfield Foods (July 2025)
Source: SL 1995, ch 299, §§ 1, 3; SL 1999, ch 261, § 11; SL 2005, ch 285, § 2.
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.