There is a newer version of the South Dakota Codified Laws
2010 South Dakota Code
Title 62 - WORKERS' COMPENSATION
Chapter 04 - Compensation For Injury Or Death
Section 62-4-37 - Injury or death due to willful misconduct of employee not compensable.
62-4-37. Injury or death due to willful misconduct of employee not compensable. 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.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.
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