62-8-23Willful self-exposure--Acts constituting.

As used in § 62-8-22, willful self-exposure shall be conclusively presumed if any of the following occur:

(1)    An employee or applicant for employment fails or omits truthfully to state in writing to the best of the employee's knowledge in answer to any inquiry made by the employer, the place, duration, and nature of the employee's previous employment;

(2)    An applicant for employment fails or omits truthfully to state in writing to the best of the applicant's knowledge in answer to any inquiry made by the employer, whether or not the applicant had been previously disabled, laid off, or compensated in damages or otherwise, because of any physical disability;

(3)    An employee or applicant for employment fails or omits truthfully to give in writing to the best of the employee's or applicant's knowledge in answer to any inquiry made by the employer, full information about the previous status of the employee's or applicant's health, previous medical and hospital attention and exposure to tuberculosis;

(4)    An employee or applicant for employment fails or refuses to submit to medical or X ray examination when requested so to do by the employer at the employer's expense;

(5)    An employee willfully fails to use protective and safety devices provided by the employer.

Source: SDC 1939, § 64.0813 as enacted by SL 1947, ch 426; SL 2008, ch 278, § 64.