South Dakota Codified Laws 62-4-46. Benefits precluded by intentional misrepresentation of employee’s physical condition–Burden of proof
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A false representation as to physical condition or health made by an employee in procuring employment shall preclude the awarding of workers’ compensation benefits for an otherwise compensable injury if it is shown that the employee intentionally and willfully made a false representation as to the employee’s physical condition, the employer substantially and justifiably relied on the false representation in the hiring of the employee, and a causal connection existed between the false representation and the injury. The burden is on the employer to prove each of these elements.
Terms Used In South Dakota Codified Laws 62-4-46
- 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
Source: SL 1991, ch 420, § 2; SL 2008, ch 278, § 34.