Section 62-4-37 - Injury or death due to willful misconduct of employee not compensable

62-4-37. Injury or death due to willful misconduct of employee not compensable.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. Source: SL 1917, ch 376, §7; RC 1919, §9442; SL 1921, ch 421; SDC 1939, §64.0202; SL 1991, ch 420, §1; SL 2008, ch 278, §30.