{"data":{"id":"us-sd/sdcl-62-4-5.1","jurisdiction":"us-sd","citation":"SDCL § 62-4-5.1","heading":"Compensation during period of rehabilitation--Procedure.","body":"If an employee suffers disablement as defined by subdivision 62-8-1(3) or an injury and is unable to return to the employee's usual and customary line of employment, the employee shall receive compensation at the rate provided by § 62-4-3 up to sixty days from the finding of an ascertainable loss if the employee is actively preparing to engage in a program of rehabilitation as shown by a certificate of enrollment. Moreover, once such employee is engaged in a program of rehabilitation which is reasonably necessary to restore the employee to suitable, substantial, and gainful employment, the employee shall receive compensation at the rate provided by § 62-4-3 during the entire period that the employee is engaged in such program. Evidence of suitable, substantial, and gainful employment, as defined by § 62-4-55, shall only be considered to determine the necessity for a claimant to engage in a program of rehabilitation.\nThe employee shall file a claim with the employee's employer requesting such compensation and the employer shall follow the procedure specified in chapter 62-6 for the reporting of injuries when handling such claim. If the claim is denied, the employee may petition for a hearing before the department.","path":["TITLE 62. WORKERS' COMPENSATION","CHAPTER 62-4. COMPENSATION FOR INJURY OR DEATH"],"source_url":"https://sdlegislature.gov/Statutes/62-4-5.1","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"b1f9f2747f1a4e95cb00a4c71fbbac46f06aa4d407ecea2920a147bbfbdd7549","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-62-4-5","next":"us-sd/sdcl-62-4-6"},"notice":"GroundRules: Original legal text. Not legal advice."}