Current Status Bill Number:726 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950411 Primary Sponsor:Leatherman All Sponsors:Leatherman, J. Verne Smith, Martin, O'Dell and Elliott Drafted Document Number:bbm\10086jm.95 Companion Bill Number:3563, 3836 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Workers' compensation
Body Date Action Description Com Leg Involved
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Senate 19950411 Introduced, read first time, 11 SJ
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 A MENTAL OR PSYCHOLOGICAL INJURY OR CONDITION RESULTING FROM STRESS IS NOT AN INJURY BY ACCIDENT UNDER THE WORKERS' COMPENSATION LAW EXCEPT UNDER CERTAIN CONDITIONS AND 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 or psychological injury or condition resulting from stress is not an injury by accident under Section 42-1-160 unless it is established by clear and convincing evidence that:
(1) the stressful employment conditions causing the mental or psychological 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 or psychological injury or condition; and
(3) the mental or psychological injury or condition was caused by stressful employment conditions that exist in a real and objective sense.
(B) A determination of mental or psychological injury or condition, its cause, and resulting disability or need for medical treatment must be supported by clear and convincing psychiatric evidence.
(C) A mental or psychological injury or condition is not considered compensable if it results from a verbal disagreement with an employer or a co-employee, 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.