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South Dakota · Through 2026-08-31 · Newer source version available

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

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Where this section sits in the code
  1. TITLE 62. WORKERS' COMPENSATION
  2. CHAPTER 62-4. COMPENSATION FOR INJURY OR DEATH

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.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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