In cases where there are multiple employers or insurers, if an employee claims an aggravation of a preexisting injury or if an injury is from cumulative trauma making the exact date of injury undeterminable, the insurer providing coverage to the employer at the time the aggravation or injury is reported shall make immediate payment of the claim until all employers and insurers agree on responsibility or the matter is appropriately adjudicated by the Department of Labor and Regulation pursuant to this chapter.
S.D. Codified Laws § 62-7-38
Multiple employers or insurers where preexisting injury or cumulative trauma claimed--Responsibility for payment
Applied in 7 court decisions — leading case Sopko v. C & R Transfer Co., Inc. (1998)
Most recently applied in Standard Fire Insurance Co. v. Continental Resources, Inc. (June 2017)
Source: SL 1994, ch 396, § 3A; 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.