2006 South Dakota Code - 62-8-23 — Willful self-exposure--Acts constituting.

     62-8-23.   Willful self-exposure--Acts constituting. As used in § 62-8-22, willful self-exposure shall be conclusively presumed where any of the following occur:
             (1)      An employee or applicant for employment shall fail or omit truthfully to state in writing to the best of his knowledge in answer to any inquiry made by the employer, the place, duration and nature of his previous employment;
             (2)      An applicant for employment shall fail or omit truthfully to state in writing to the best of his knowledge in answer to any inquiry made by the employer, whether or not he had been previously disabled, laid off, or compensated in damages or otherwise, because of any physical disability;
             (3)      An employee or applicant for employment shall fail or omit truthfully to give in writing to the best of his knowledge in answer to any inquiry made by the employer, full information about the previous status of his health, previous medical and hospital attention and exposure to tuberculosis;
             (4)      An employee or applicant for employment shall fail or refuse to submit to medical or X ray examination when requested so to do by the employer at the employer's expense;
             (5)      An employee shall willfully fail to use protective and safety devices provided by the employer.

Source: SDC 1939, § 64.0813 as enacted by SL 1947, ch 426.

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