Appealing a Denied Workers' Comp Claim in South Dakota

If the employer and worker cannot agree, either may request a hearing before the Department of Labor and Regulation. If the insurer or self-insurer notifies the worker and the Department in writing that it is denying coverage, the worker must file a written petition for hearing within two years after that notice, or the claim (or the denied part) is barred. A party may ask the Department to review its decision within 10 days after service. A final Department decision may be appealed to circuit court by serving and filing a notice of appeal within 30 days after the agency serves notice of the final decision.

Disputes are heard by the Department of Labor and Regulation after a petition for hearing. An employer or employee may appeal the Department's final decision to circuit court under the state Administrative Procedures Act, by serving and filing a notice of appeal within 30 days after the agency serves notice of its final decision.

If the insurer or self-insurer notifies the worker and the Department in writing that it is denying coverage, the worker must file a written petition for hearing with the Department of Labor and Regulation within two years of that notice. If benefits have been paid, a claim for additional compensation must be filed within three years from the date of the last payment.