62-8-28. Petition of employee for examination for silicosis--Payment of costs--Findings of department.
Any employee who in the course of employment has been exposed to the inhalation of silica dust and who wishes to submit to examination by the department to determine whether the employee has silicosis, and the degree thereof, may petition the department for an order directing the examination. The cost of the medical examination shall be borne by the employee making application. The department shall submit copies of the report of the examination to the employer and employee, who shall have opportunity to rebut the same, if the request therefor is made to the department within thirty days from the mailing of the report to the parties. The department shall make its findings as to whether or not it is inadvisable for the employee to continue in employment.
Source: SDC 1939, §64.0817 (2) as enacted by SL 1947, ch 426; SL 2008, ch 278, §69.