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H. 3571
STATUS INFORMATION
General Bill
Sponsors: Reps. Bingham and Toole
Document Path: l:\council\bills\nbd\11207ac03.doc
Companion/Similar bill(s): 19, 339
Introduced in the House on February 11, 2003
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Workers' compensation, law enforcement officers
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/11/2003 House Introduced and read first time HJ-12
2/11/2003 House Referred to Committee on Labor, Commerce and Industry
HJ-12
View the latest legislative information at the LPITS web site
VERSIONS OF THIS 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 CREATE A PRESUMPTION THAT A CARDIAC INCIDENT OCCURRING IN LAW ENFORCEMENT OFFICERS UNDER CERTAIN CONDITIONS AROSE OUT OF THE COURSE OF EMPLOYMENT.
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. (A) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, any impairment or injury to the health of a fire fighter caused by heart disease or respiratory disease resulting in total or partial disability, or death, shall be is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence,. if such At the time of the impairment or injury, the fire fighter is at the time of such impairment or injury must have been a bona fide member of a municipal, county, state, port authority, or fire control district fire department in this State. In order to be entitled to the presumption provided for herein, any in this subsection, a person becoming a member of a fire department 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 service,. A written report of which the examination must have been made and filed with such the fire department, which and the examination failed to reveal must not have revealed any evidence of such the condition or conditions, and such. The condition or conditions must have developed while actively engaged in fighting a fire or within twenty-four hours from the date of last service in such activity.
(B) Notwithstanding the provision of this chapter, for purposes of the South Carolina Workers' Compensation Law, a cardiac-related incident resulting in impairment or injury to a law enforcement officer resulting in total or partial disability or death is presumed to have arisen out of and in the course of employment if this impairment or injury developed while actively engaged in, or within twenty-four hours from the date of, a law enforcement incident involving unusual or extraordinary physical exertion, unless the contrary is shown by competent evidence. At the time of the incident the law enforcement officer must have been a bona fide member of a municipal, county, state, port authority, or other law enforcement agency in this State. In order to be entitled to the presumption provided by this subsection, a person becoming a law enforcement officer on or after the effective date of this act must be under thirty-seven years of age and must have successfully passed a physical examination by a competent physician upon entering into law enforcement service. A written report of the examination must have been made and filed with the law enforcement agency, and the examination must not have revealed evidence of cardiac impairment or injury."
SECTION 2. This act takes effect upon approval by the Governor.
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