South Dakota
South Dakota’s Senate Bill 26 clarifies that a ruling by an employer that a bill or injury is not work related creates a presumption that the bill or injury is “non-work” related for purposes of any other insurance. An exclusion in an auto, health or disability policy for work related injuries would not apply. If the bill or injury is later determined to be “work-related”, then the proposed statute would obligate the employer to reimburse the health, auto or disability insurer for their payments.
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