South Dakota Codified Laws 62-4-37. Injury or death due to willful misconduct of employee not compensable
Current as of: 2023 | Check for updates
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No compensation may be allowed for any injury or death due to the employee’s willful misconduct, including intentional self-inflicted injury, intoxication, illegal use of any schedule I or schedule II drug, or willful failure or refusal to use a safety appliance furnished by the employer, or to perform a duty required by statute. The burden of proof under this section is on the defendant employer.
Terms Used In South Dakota Codified Laws 62-4-37
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- employer: includes the state and any municipal corporation within the state or any political subdivision of this state, and any individual, firm, association, limited liability company, or corporation, or the receiver or trustee of the same, or the legal representative of a deceased employer, using the service of another for pay. See South Dakota Codified Laws 62-1-2
- Statute: A law passed by a legislature.
Source: SL 1917, ch 376, § 7; RC 1919, § 9442; SL 1921, ch 421; SDC 1939, § 64.0202; SL 1991, ch 420, § 1; SL 2008, ch 278, § 30.