No claim for disability or death from silicosis may be maintained or prosecuted otherwise than under the provisions of this chapter, or come within the provisions of this chapter, unless the employee has been injuriously exposed to the inhalation of silica dust over a period of not less than two years, and has been in this state, under a contract of employment existing in this state. However, if the employee has been employed by the same employer during the whole of the two-year period, the employee's right to compensation against the employer is not affected by the fact that the employee had been employed during any part of the period outside of this state.
S.D. Codified Laws § 62-8-14
Silicosis cases--Period of exposure
Applied in 1 court decision — leading case Carr v. HOMESTAKE MINING COMPANY (1974)
Most recently applied in Carr v. HOMESTAKE MINING COMPANY (February 1974)
Source: SDC 1939, § 64.0808 as enacted by SL 1947, ch 426; SL 1976, ch 322, § 4; SL 2008, ch 278, § 56.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.