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Printed Page 2220, Apr. 5
| Printed Page 2240, Apr. 5
| In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a
Bill #: 3835 General Subject Matter: Workers' Comp.
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TERRY E. HASKINS
Due to a doctor's appointment, I was absent when H. 3835 was voted on. Had I been present, I would have voted yes.
Rep. BESSIE MOODY-LAWRENCE
The following Bill was taken up.
H. 3836 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.
Reps. THOMAS, JENNINGS, BAXLEY, D. SMITH, MARTIN, DELLENEY, HARRISON, HUFF and BEATTY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10048JM.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 42-1-160 of the 1976 Code is amended to read:
"Section 42-1-160. `Injury' and `personal injury' shall mean only injury by accident arising out of and in the course of the employment and shall not include a disease in any form, except when it results naturally and unavoidably from the accident and except such diseases as are compensable under the provisions of Chapter 11 of this title. In construing this section an accident arising out of and in the course of employment shall include employment of an employee of a municipality outside the
Work-related Stress arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury is not a personal injury unless it is established that the stressful employment conditions causing the mental injury were extraordinary and unusual in comparison to the normal conditions of the employment.
Work-related Stress arising out of and in the course of employment unaccompanied by physical injury is not considered compensable if it results from any event or series of events which is incidental to normal employer/employee relations including, but not limited to, personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, or terminations, except when such actions are taken in an extraordinary and unusual manner."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. THOMAS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Easterday Elliott Fair Felder Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Herdklotz Hodges Howard Huff Hutson Inabinett Jennings Keegan Kelley Kinon Klauber Knotts Koon
Law Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McKay McTeer Meacham Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 3836 General Subject Matter: Workers' Comp.
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TERRY E. HASKINS
Please record me as voting in favor of H. 3836 on second reading.
Rep. JOSEPH T. McELVEEN, JR.
Due to a doctor's appointment, I was absent when H. 3836 was voted on. Had I been present I would have voted yes.
Rep. BESSIE MOODY-LAWRENCE
The following Bill was taken up.
H. 3837 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.
Rep. CATO proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10094JM.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 42-9-260 of the 1976 Code, as last amended by Act 410 of 1988, is further amended to read:
"Section 42-9-260. (A) When an employee has been out of work due to a reported injury by accident arising out of an in the course of employment or occupational disease for eight days, an employer may start temporary total disability payments immediately and may continue such
After one hundred-twenty days from an accident arising out of and in the course of employment or occupational disease, the commission shall provide by rule the method and procedure by which benefits may be suspended or terminated for any cause, but such rule must provide for an evidentiary hearing and commission approval prior to termination or suspension unless such prior hearing is expressly waived in writing by the recipient. Further, the commission may not entertain any application to terminate or suspend benefits unless and until the employer or carrier is current with all payments due.
(B) Once payment of temporary disability compensation has been commenced, it may be terminated or suspended immediately if the employee:
(1) has returned to work;
(2) agrees that he is able to return to work and executes the proper commission form indicating that he is able to return to work. Alternatively to items (1) and (2) of this subsection, once payment of temporary disability compensation has been commenced, it may be terminated or suspended at any time within one hundred twenty days of the date that payments are commenced if a good faith investigation reveals grounds for denial of the claim;
(3) has been released by the treating physician to work without restriction compensation may be terminated immediately within the one hundred twenty-day period;
(4) has been released by the treating physician to limited duty work and the employer provides limited duty work consistent with the terms upon which the employee has been released, compensation may be terminated or suspended at any time within the one hundred twenty-day period if the employee refuses to accept the limited duty work provided by the employer or to return to work;
(5) refuses medical treatment under Section 42-15-60 or an examination or evaluation under Section 42-15-80, the employee is not entitled to compensation benefits during the period of the refusal. Upon the submission of documentation of the refusal by the employee of this medical treatment, examination, or evaluation to the commission and
(C) An employee may request a hearing to have temporary compensation reinstituted after termination. The commission must give this hearing request priority consideration over other hearing requests.
(D) If an employee has been declared as having reached maximum medical improvement within the one hundred twenty-day period, the employer or carrier has the right to a priority hearing to address the termination of temporary disability and the employer or carrier's entitlement to credit or reimbursement for all temporary disability paid for the period after the date of maximum medical improvement.
(E) Failure to comply with such rule as to termination or suspension of benefits must this section shall result in a twenty-five percent penalty imposed upon the carrier or employer computed on the amount of benefits withheld without prior commission approval in violation of this section, and the amount of the penalty must be paid to the employee in addition to the amount of benefits withheld. However, the penalty does not apply if the employer or carrier has terminated or suspended benefits when the employee has returned to any employment at the same or similar wage."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CATO explained the amendment.
Rep. CLYBURN spoke upon the amendment.
Rep. CATO spoke in favor of the amendment.
Rep. THOMAS spoke in favor of the amendment.
The amendment was then adopted.
Rep. CLYBURN withdrew his objection to the Bill.
Reps. THOMAS, JENNINGS, BAXLEY, MARTIN, DELLENEY, HARRISON, D. SMITH, CLYBURN, HUFF and BEATTY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\10095JM.95), which was adopted.
Amend the bill, as and if amended, by striking item (2) of Section 42-9-260(B) as contained in SECTION 1 and inserting:
/(2) agrees that he is able to return to work and executes the proper commission form indicating that he is able to return to work. Alternatively to items (1) and (2) of this subsection, once payment of temporary disability compensation has been commenced, it may be terminated or suspended at any time within one hundred twenty days of
Amend title to conform.
Rep. THOMAS explained the amendment.
The amendment was then adopted.
Reps. JENNINGS, BAXLEY, THOMAS, MARTIN, DELLENEY, CLYBURN and BEATTY proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BBM\10046JM.95), which was tabled.
Amend the bill, as and if amended, by adding to Section 42-9-260, as contained in SECTION 1, the following:
/(H) An employee has a right to receive a second opinion from a board-certified physician of his choice before the termination or suspension of temporary disability compensation. The employer must pay for this second opinion. If the second opinion differs from that provided by the primary physician, the employee may request a hearing./
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. CATO moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, H. Cain Carnell Cato Cooper Cotty Dantzler Davenport Easterday Elliott Fair Fulmer Gamble Hallman
Harrell Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McAbee McCraw McKay Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Sharpe Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, T. Byrd Canty Cave Chamblee Clyburn Cobb-Hunter Cromer Govan Harris, J. Harvin Hines Hodges Howard Inabinett Jennings Kinon Lloyd Martin McElveen McTeer Neal Rogers Scott Seithel Sheheen Smith, D. Stoddard Thomas Tucker Whipper, L. Whipper, S. White
So, the amendment was tabled.
The SPEAKER granted Rep. J. HARRIS a leave of absence for the remainder of the day.
Rep. McELVEEN proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BBM\10096JM.95), which was tabled.
Amend the bill, as and if amended, page 1, line 36, by striking /may/ and inserting /shall/.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. CATO moved to table the amendment and demanded the yeas and nays, which
were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, H. Brown, J. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fulmer Gamble Hallman Harrell Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McAbee McCraw McKay McTeer Meacham Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins
Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Govan Harvin Hines Howard Inabinett Jennings Lloyd Martin McElveen Neal Rogers Scott Sheheen Thomas Whipper, L. Whipper, S. White
So, the amendment was tabled.
Printed Page 2220, Apr. 5
| Printed Page 2240, Apr. 5
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