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 § 62-4-46

Title 62WORKERS' COMPENSATION

Ch. 62-4COMPENSATION FOR INJURY OR DEATH

This text of South Dakota § 62-4-46 (Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.) 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 § 62-4-46 (2026).

Text

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.