Current Status Bill Number:727 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\10109jm.95 Companion Bill Number:3562, 3838 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 SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-9-30(19) of the 1976 Code is amended to read:
"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."
SECTION 2. This act takes effect upon approval by the Governor.