62-4-3. Amount of temporary total disability compensation.The amount of temporary total disability compensation paid to an employee for an injury is equal to sixty-six and two-thirds percent of the employee's earnings, but not more than one hundred percent computed to the next higher multiple of one dollar of the average weekly wage in the state as defined in §62-4-3.1 per week and not less than one-half of the foregoing percentages of the average weekly wage of the state per week. However, if an employee earned less than fifty percent of the maximum allowable amount per week, the amount of compensation may not exceed one hundred percent of the employee's earnings calculated after the earnings have been reduced by any deduction for federal or state taxes, or both, and for the Federal Insurance Contributions Act made from such employee's total wages received during the period of calculation of the employee's earnings. Source: SDC 1939, §64.0403(1); SL 1939, ch 297, §2; SL 1947, ch 424, §2; SL 1949, ch 443; SL 1953, ch 486, §1; SL 1957, ch 494, §1; SL 1959, ch 457, §1; SL 1963, ch 460, §1; SL 1966, ch 264, §1; SL 1968, ch 268; SL 1970, ch 278; SL 1971, ch 281; SL 1972, ch 271; SL 4, §2; SL 1949, ch 443; SL 1953, ch 486, §1; SL 1957, ch 494, §1; SL 1959, ch 457, §1; SL 1963, ch 460, §1; SL 1966, ch 264, §1; SL 1968, ch 268; SL 1970, ch 278; SL 1971, ch 281; SL 1972, ch 271; SL 1973, ch 309, §1; SL 1976, ch 322, §1; SL 1978, ch 370, §5; SL 1984, ch 341; SL 1996, ch 307, §3.
South Dakota Legal Code