Indicates Matter Stricken

Indicates New Matter

 

Amended

April 10, 2025

 

H. 3163

 

Introduced by Reps. M. M. Smith, Lawson, Pope, Spann-Wilder, McCravy, Hartnett, Teeple, Kilmartin, Montgomery, Sanders, Bauer, Guffey, Taylor and W. Newton

 

S. Printed 4/10/25--H.

Read the first time January 14, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 42-11-30, RELATING TO OCCUPATIONAL DISEASES compensable under workers' compensation AND CONDITIONS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT FOR FIREFIGHTERS, SO AS TO INCLUDE STROKE, AND TO REVISE presumption entitlement criteria TO INCLUDE CONDITIONS DEVELOPED WHILE ACTIVELY ON DUTY INSTEAD OF ACTIVELY ENGAGED IN firefighting.

    Amend Title To Conform

 

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

 

SECTION 1.  Section 42-11-30(A) of the S.C. Code is amended to read:

 

    (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 firefighter caused by heart disease, stroke, or respiratory disease resulting in total or partial disability or death is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if the 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. In order to be entitled to the presumption provided for in this section, any 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 or by July 1, 2012, a written report of which must have been made and filed before any alleged injury with the fire department, which examination failed to reveal any evidence of such condition or conditions, and the condition or conditions developed while actively engaged in fighting a fire, a technical rescue incident, or a firefighter training exercise that involves stressful or strenuous physical activity, or within twenty-four hours thereof or within twenty-four hours from the date of last service in the activity. This presumption does not apply to clerical, administrative, or sedentary activities.

 

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

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