2008 House Bill 1034 - Printed

State of South Dakota  
EIGHTY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2008  

400P0280   HOUSE BILL   NO.   1034  

Introduced by:     The Committee on Commerce at the request of the Department of Labor
 

         FOR AN ACT ENTITLED, An Act to  revise the definition of worker misconduct for the purposes of workers' compensation claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  That ยง 62-4-37 be amended to read as follows:
     62-4-37.   No compensation shall 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 A positive blood alcohol level as defined by subdivision 32-23-7(3) or a finding of the presence of any schedule I or schedule II drug through urine, blood, or other scientifically acceptable test, or the employee's refusal of such test, establishes a presumption that the injury was due to intoxication or the use of the drug. The employee shall bear the burden of rebutting the presumption to prove that the intoxication or the use of a schedule I or schedule II drug was not a substantial factor in causing the injury. In all other cases of alleged misconduct under this section, the burden of proof under this section shall be is on the defendant employer to prove that the employee's

willful misconduct was a substantial factor in causing the injury .

Click message to listen