Current Status Bill Number:3563 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950209 Primary Sponsor:Cato All Sponsors:Cato, A. Young, Trotter, Sandifer, Allison, Sharpe, Carnell, Hallman, Simrill, Rice, Richardson, Herdklotz, Wright, Walker, Cooper, Cain, Meacham, Robinson, Littlejohn, Davenport, Vaughn, Tripp, Marchbanks, Wells, Chamblee, Lanford, Fair, D. Smith and Riser Drafted Document Number:BBM\9845JM.95 Companion Bill Number:3836, 726 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Mental illness
Body Date Action Description Com Leg Involved
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House 19950209 Introduced, read first time, 26 HLCI
referred to Committee
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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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 42-9-45. (A) Mental illness resulting from work-related stress is not an accidental injury arising out of and in the course of employment unless it is established by clear and convincing evidence that:
(1) the stressful employment conditions causing the mental injury were extraordinary and unusual in comparison to the pressures and tensions experienced by individuals performing similar work; and
(2) the stressful employment conditions were the predominant cause of the mental injury; and
(3) the mental injury was caused by stressful employment conditions that exist in a real and objective sense.
(B) A determination of mental injury, its cause, and resulting disability or need for medical treatment must be supported by clear and convincing psychiatric evidence.
(C) A mental injury is not considered compensable if it results from a verbal disagreement with an employer or a coemployee, or results from a personnel decision by the employer, including, but not limited to, any disciplinary action, work evaluation, job transfer, demotion, promotion, salary review, or voluntary or involuntary termination of employment."
SECTION 2. This act takes effect upon approval by the Governor.