H 3836 General Bill, By  House Labor, Commerce and Industry

Similar(H 3563, H 3564)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 42-9-45 so as to provide that mental illness resulting from work-related
 stress is not an accidental injury arising out of and in the course of
 employment except under certain conditions, and to provide for related
 matters.

   03/22/95  House  Introduced, read first time, placed on calendar
                     without reference HJ-11
   03/28/95  House  Objection by Rep. Huff, L. Whipper, Phillips, S.
                     Whipper, Clyburn, Mason, Rice, Cato, R. Smith,
                     Howard, Delleney, Richardson, Cooper &
                     Cobb-Hunter HJ-41
   04/05/95  House  Amended HJ-52
   04/05/95  House  Read second time HJ-53
   04/05/95  House  Roll call Yeas-96  Nays-0 HJ-53
   04/06/95  House  Read third time and sent to Senate HJ-58
   04/11/95  Senate Introduced and read first time SJ-24
   04/11/95  Senate Referred to Committee on Judiciary SJ-24

AMENDED

April 5, 1995

H. 3836

S. Printed 4/5/95--H.

Read the first time March 22, 1995.

1. Estimated Cost to State-First Year$-0-

2. Estimated Cost to State-Annually Thereafter$-0-

House Bill 3836, if enacted, would amend the Code of Laws of South Carolina, 1976, by adding Section 42-9-45 to provide that mental illness resulting from work related stress is not an accidental injury in the course of employment except under certain conditions. Medical treatment must be supported by clear and convincing psychiatric or psychological evidence.

The Workers' Compensation Commission states that passage of H. 3836 will have no fiscal impact on that agency or the General Fund of the State.

Prepared By: Approved By:

Cheryl H. Morris George N. Dorn, Jr.

State Budget Analyst Director, Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 42-1-160 of the 1976 Code is amended to read:

"Section 42-1-160. `Injury' and `personal injury' shall mean only injury by accident arising out of and in the course of the employment and shall not include a disease in any form, except when it results naturally and unavoidably from the accident and except such diseases as are compensable under the provisions of Chapter 11 of this title. In construing this section an accident arising out of and in the course of employment shall include employment of an employee of a municipality outside the corporate limits of the municipality when the employment was ordered by a duly authorized employee of the municipality.

Work-related Stress arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury is not a personal injury unless it is established that the stressful employment conditions causing the mental injury were extraordinary and unusual in comparison to the normal conditions of the employment.

Work-related Stress arising out of and in the course of employment unaccompanied by physical injury is not considered compensable if it results from any event or series of events which is incidental to normal employer/employee relations including, but not limited to, personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, or terminations, except when such actions are taken in an extraordinary and unusual manner."

SECTION 2. This act takes effect upon approval by the Governor.