62-6-7. Demand for employee's work-related records--Production of records--Employee waiver of right to privacy.An employer which complies with this title shall produce, if demanded by any employer or insurer against whom an injured employee has made a workers' compensation claim, the work-related records referring to its employee available for the fifty-two weeks preceding the employee's claimed dates of injury, such as:(1)The weeks in which the employee performed services;(2)The earnings the employee received for the services, as defined in subdivision 62-1-1(6);(3)Interruptions in employment if the employee was rehired or seasonally employed;(4)Changes in the employee's grade of employment;(5)The employee's job description; and(6)Federal or state tax deductions.The employer receiving this demand shall produce the employee's work-related records in ten business days, and may charge a fee for the production of the records. The fee for the production of the employee's work-related records may not exceed fifteen dollars.An employee waives any right to privacy to these work-related records when the employee makes a claim for workers' compensation benefits and the employee consents to ds may not exceed fifteen dollars.An employee waives any right to privacy to these work-related records when the employee makes a claim for workers' compensation benefits and the employee consents to the release of these work-related records to the employer or insurer against which the employee is making a claim for workers' compensation benefits. Source: SL 2016, ch 236, §5.
South Dakota Legal Code