BIL:250

TYP:General Bill GB

INB:Senate

IND:20010131

PSP:Waldrep

SPO:Waldrep, Branton and Hawkins

DDN:l:\council\bills\swb\5008djc01.doc

CBN:3371, 3411

RBY:Senate

COM:Judiciary Committee 11 SJ

LAD:20010308

SUB:Workers' compensation, law enforcement officers; respiratory or heart diseases arose out of course of employment

HST:

BodyDateAction DescriptionComLeg Involved

______

Senate20020508Recommitted to Committee11 SJ

Senate20010308Committee amendment adopted

Senate20010307Committee report: Favorable with11 SJ

amendment

------20010201Companion Bill No. 3411

------20010131Companion Bill No. 3371

Senate20010131Introduced, read first time,11 SJ

referred to Committee

Versions of This Bill

Revised on 20010307

Revised on 20010308

TXT:

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

March 8, 2001

S.250

Introduced by Senators Waldrep, Branton and Hawkins

S. Printed 3/8/01--S.

Read the first time January 31, 2001.

[250-1]

A BILL

TO AMEND SECTION 421130, 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.

Amend Title To Conform

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

SECTION1.Section 421130 of the 1976 Code is amended to read:

“Section 421130.(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 beis presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if suchthe fire fighter is at the time of suchthe 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 hereinin this section, any person becoming a member of a fire department after May 29, 1968, must be under the age of thirtyseven 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 suchthe fire department, which examination failed to reveal any evidence of suchthe condition or conditions, and suchthe condition or conditions developed while actively engaged in fighting a fire or within twentyfour hours from the date of last service in suchthe activity.

(B)Notwithstanding any other provision of this chapter, for purposes of South Carolina Workers’ Compensation, a cardiacrelated incident causing 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 the impairment or injury developed while the officer was actively engaged in, or within twentyfour hours from the date of, a law enforcement incident involving unusual or extraordinary physical exertion, unless the contrary is shown by competent evidence. The law enforcement officer must, at the time of the incident, be 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 section, any person who becomes a law enforcement officer on or after the effective date of this section must be under thirtyseven years of age and must have successfully passed a physical examination, performed by a competent physician, revealing no evidence of cardiac impairment or injury. Upon entering into the service, a written report of the examination must be filed with the law enforcement agency.”

SECTION2.This act takes effect upon approval by the Governor.

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