H 3435 General Bill, By Knotts, Kelley, Keegan, Stuart, Howard, Lloyd and Riser

Similar(S 682)
 A BILL TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL
 DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN
 FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE
 THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.

   02/03/99  House  Introduced and read first time HJ-6
   02/03/99  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-6

TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.

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

SECTION 1. Section 42-11-30 of the 1976 Code is amended to read:

"Section 42-11-30. Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, any an impairment or injury to the health of a fire fighter firefighter or law enforcement officer caused by heart disease or respiratory disease resulting in total or partial disability, or death, shall must be presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if such fire fighter the firefighter or law enforcement officer is at the time of such the impairment or injury is a bona fide member of a municipal, county, State, port authority, or fire control district fire department or law enforcement agency in this State. In order to be entitled to the presumption provided for herein in this section, any a person becoming a member of a fire department or a law enforcement agency after May 29, 1968 must be under the age of thirty-seven years and must have successfully passed a physical examination by a competent physician upon entering into such the service, a written report of which must have been made and filed with such the fire department or law enforcement agency, which examination failed to reveal any evidence of such the condition or conditions, and such the condition or conditions developed while actively engaged in fighting a fire or in law enforcement activity or within twenty-four hours from the date of last service in either such activity."

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