Current Status Introducing Body:House Bill Number:3265 Primary Sponsor:Quinn Committee Number:26 Type of Legislation:GB Subject:Workers' compensation law, firefighters Residing Body:House Current Committee:Labor, Commerce and Industry Computer Document Number:BBM/10104JM.93 Introduced Date:19930126 Last History Body:House Last History Date:19930126 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Quinn Stuart Wright Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3265 House 19930126 Introduced, read first time, 26
referred to Committee
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TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF EMPLOYMENT, SO AS TO PROVIDE THAT THIS SECTION INCLUDES AND APPLIES TO PAID AND VOLUNTEER FIREFIGHTERS, AND CHANGE THE SERVICE-START DATE FROM MAY 29, 1968, TO DECEMBER 31, 1992, FOR PURPOSES OF BEING SUBJECT TO CERTAIN REQUIREMENTS, AND PROVIDE THAT THE CHANGE IN THE DATE IN SECTION 42-11-30 MUST BE CONSTRUED SO AS TO ALLOW THOSE WHO WERE FIREFIGHTERS ON OR BEFORE DECEMBER 31, 1992, TO BE ENTITLED TO THE PRESUMPTION SET FORTH IN THAT SECTION WITHOUT BEING SUBJECT TO A CERTAIN REQUIREMENT.
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 impairment or injury to the health of a firefighter caused by heart disease or respiratory disease resulting in total or partial disability, or death, shall be presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if such firefighter is at the time of such impairment or injury a bona fide member of a municipal, county, State, port authority, or fire control district fire department in this State. This section includes and applies to paid and volunteer firefighters. In order to be entitled to the presumption provided for herein, any person becoming a member of a fire department after May 29, 1968 December 31, 1992, 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 service, a written report of which must have been made and filed with such fire department, which examination failed to reveal any evidence of such condition or conditions, and such condition or conditions developed while actively engaged in fighting a fire or within twenty-four hours from the date of last service in such activity."
SECTION 2. The change in the date provided in Section 42-11-30 of the 1976 Code must be construed so as to allow all firefighters described in that code section who were firefighters in this State on or before December 31, 1992, to be entitled to the presumption set forth in that section without being subject to the requirement of having successfully passed a physical examination by a competent physician upon entering into such service.
SECTION 3. This act takes effect upon approval by the Governor.