Western Surety Co. v. Mydland

HOMEYER, Judge.

In a stipulated case plaintiff seeks a declaration of the extent of its liability under a workmen’s compensation policy.

The question for decision is whether the “waiting period” under the statute before compensaton becomes payable for disability is seven working days or seven calendar days.

SDCL 62-4-2 as amended provides:

“Except as otherwise provided in this section, no compensation shall be paid for an injury which does not incapacitate the employee for a period of at least seven days from earning full wages. If such incapacity extends beyond the seven days, compensation shall…