2006 South Dakota Code - 62-4-37 — Injury or death due to intoxication, willfulness or intention of employeenoncompensable.

     62-4-37.   Injury or death due to intoxication, willfulness or intention of employee noncompensable. No compensation shall 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 shall be 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.