Unless written notice of an occupational disease is given by the worker to the employer within six months after the employment has ceased in which it is claimed that the disease was contracted, and, in case of death, unless written notice of such death is given within ninety days after the occurrence, all rights to compensation for disability, or death, from an occupational disease are forever barred.
S.D. Codified Laws § 62-8-29
Notice of disease or death required for compensation
Applied in 2 court decisions — leading case St. Luke's Midland Regional Medical Center v. Kennedy (2002)
Most recently applied in St. Luke's Midland Regional Medical Center v. Kennedy (November 2002)
Source: SDC 1939, § 64.0818 as enacted by SL 1947, ch 426; SL 1965, ch 308, § 2; SL 1977, ch 421, § 4; SL 2008, ch 278, § 70.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.