A false representation as to physical condition or health made by an employee in procuring employment shall preclude the awarding of workers' compensation benefits for an otherwise compensable injury if it is shown that the employee intentionally and willfully made a false representation as to the employee's physical condition, the employer substantially and justifiably relied on the false representation in the hiring of the employee, and a causal connection existed between the false representation and the injury. The burden is on the employer to prove each of these elements.
S.D. Codified Laws § 62-4-46
Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof
Applied in 2 court decisions — leading case Fenner v. Trimac Transportation, Inc. (1996)
Most recently applied in Fenner v. Trimac Transportation, Inc. (September 1996)
Source: SL 1991, ch 420, § 2; SL 2008, ch 278, § 34.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.