South Dakota § 62-4-46 Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.

South Dakota Statutes

§ 62-4-46 — Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.

South Dakota·Title 62 WORKERS' COMPENSATION·Ch. 62-4 COMPENSATION FOR INJURY OR DEATH

A false representation as to physical condition or health made by an employee in procuring employment shall preclude the awarding of workers' compensation benefits for an otherwise compensable injury if it is shown that the employee intentionally and willfully made a false representation as to the employee's physical condition, the employer substantially and justifiably relied on the false representation in the hiring of the employee, and a causal connection existed between the false representation and the injury. The burden is on the employer to prove each of these elements.

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A false representation as to physical condition or health made by an employee in procuring employment shall preclude the awarding of workers' compensation benefits for an otherwise compensable injury if it is shown that the employee intentionally and willfully made a false representation as to the employee's physical condition, the employer substantially and justifiably relied on the false representation in the hiring of the employee, and a causal connection existed between the false representation and the injury. The burden is on the employer to prove each of these elements.

South Dakota § 62-4-46 (Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.