An award or denial of award of compensation for an occupational disease may be reviewed and compensation increased, reduced or terminated where previously awarded, or awarded where previously denied, only upon proof of fraud or of change in the conditions, and then only upon application by a party in interest made not later than one year after the denial or award, or, where compensation has been awarded, after the date when the last payment was made under the award, except in case of silicosis where such time limit shall be two years.
S.D. Codified Laws § 62-8-44
Modification of award
Applied in 1 court decision — leading case Hyatt v. Harvest States and National Union Fire (2001)
Most recently applied in Hyatt v. Harvest States and National Union Fire (January 2001)
Source: SDC 1939, § 64.0824 as enacted by SL 1947, ch 426.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.