South Dakota Statutes

§ 62-4-37 — Injury or death due to willful misconduct of employee not compensable.

South Dakota § 62-4-37
JurisdictionSouth Dakota
Title 62WORKERS' COMPENSATION
Ch. 62-4COMPENSATION FOR INJURY OR DEATH

This text of South Dakota § 62-4-37 (Injury or death due to willful misconduct of employee not compensable.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 62-4-37 (2026).

Text

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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fenner v. Trimac Transportation, Inc.
1996 SD 121 (South Dakota Supreme Court, 1996)
27 case citations
Goebel v. Warner Transportation
2000 SD 79 (South Dakota Supreme Court, 2000)
20 case citations
Holscher v. Valley Queen Cheese Factory
2006 SD 35 (South Dakota Supreme Court, 2006)
19 case citations
Driscoll v. Great Plains Marketing Co.
322 N.W.2d 478 (South Dakota Supreme Court, 1982)
8 case citations
Bonebright v. City of Miller
2020 S.D. 16 (South Dakota Supreme Court, 2020)
2 case citations
Althoff v. Pro-Tec Roofing, Inc.
979 N.W.2d 148 (South Dakota Supreme Court, 2022)
1 case citations
Cantalope v. Veterans of Foreign Wars Club ("VFW") of Eureka
2004 SD 4 (South Dakota Supreme Court, 2004)
1 case citations

Legislative History

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.

Nearby Sections

15
View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)
South Dakota § 62-4-37, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/62-4-37.