S.D. High Court Finds Willful Misconduct

The Supreme Court of South Dakota affirms denial of workers' compensation benefits based on the injured employee's willful refusal to utilize a safety mechanism. In Holscher v. Valley Queen Cheese Factory , No. 2006 SD 35, 04/05/2006, Chris Holscher was injured as the result of a chemical spill at Valley Queen Cheese Factory. The incident occurred when Holscher left the lid to an acid bin open and unattended and the barrel of acid overflowed and flooded the room. The spill was the result of Holscher's failure to utilize a spring-loaded valve which would have prevented such a spill. The us...