South Dakota Statutes
§ 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.
Free access — add to your briefcase to read the full text and ask questions with AI
South Dakota § 62-4-37 (Injury or death due to willful misconduct of employee not compensable.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Fenner v. Trimac Transportation, Inc.
1996 SD 121 (South Dakota Supreme Court, 1996)
Goebel v. Warner Transportation
2000 SD 79 (South Dakota Supreme Court, 2000)
Holscher v. Valley Queen Cheese Factory
2006 SD 35 (South Dakota Supreme Court, 2006)
Driscoll v. Great Plains Marketing Co.
322 N.W.2d 478 (South Dakota Supreme Court, 1982)
Bonebright v. City of Miller
2020 S.D. 16 (South Dakota Supreme Court, 2020)
Althoff v. Pro-Tec Roofing, Inc.
979 N.W.2d 148 (South Dakota Supreme Court, 2022)
Cantalope v. Veterans of Foreign Wars Club ("VFW") of Eureka
2004 SD 4 (South Dakota Supreme Court, 2004)
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
§ 62-1-1
Definition of terms.§ 62-1-1.1
Medical practitioner defined.§ 62-1-1.2
Determining impairment.§ 62-1-11
Requirements for owner§ 62-1-13
Election of owner§ 62-1-14
Promulgation of rules.§ 62-1-2
Employer defined.