If an employee is not totally disabled but is unable to return to the employee's usual and customary employment, the employer may, in lieu of rehabilitation, require the employee to accept, in addition to an earned income, a supplemental wage benefit to be paid by the employer which, in total with the earned income, equals the workers' compensation benefit rate applicable to the employee at the time of the employee's injury, plus a return to work incentive of twenty percent of the rate otherwise payable to the employee under § 62-4-3, provided the employee is actually offered employment or is employed.
S.D. Codified Laws § 62-7-41
Supplemental wage benefit for employee unable to return to usual and customary employment
Applied in 1 court decision — leading case Capital Motors, LLC v. Schied (2003)
Most recently applied in Capital Motors, LLC v. Schied (April 2003)
Source: SL 1995, ch 296, § 17.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.