State of South Dakota
LEGISLATIVE ASSEMBLY, 2008
||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 § 62-4-37 be amended to read as follows:
62-4-37. No compensation
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
employer to prove that the employee's
willful misconduct was a substantial factor in causing the injury .