Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 2720, Apr. 26 | Printed Page 2740, Apr. 26 |

Printed Page 2730 . . . . . Wednesday, April 26, 1995

Rep. THOMAS proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BBM\10118JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five 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 presumed to have suffered total and permanent disability and compensated therefor under paragraph two of Section 42-9-10 loss of earnings capacity, in which event the injured employee shall be paid the difference in wages until such loss ceases or for life, and if loss is greater than fifty percent, payments shall continue for life."/

Amend title to conform.

Rep. THOMAS moved to table the amendment, which was agreed to.


Printed Page 2731 . . . . . Wednesday, April 26, 1995

Rep. THOMAS proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\BBM\10117JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five 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. When determining disability the employee's age, education, past employment, and abilities must be considered."/

Amend title to conform.

Rep. BAXLEY explained the amendment.

Rep. CATO moved to table the amendment.

Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:

Yeas 61; Nays 25

Those who voted in the affirmative are:

Allison          Askins           Bailey
Brown, H.        Cain             Carnell
Cato             Chamblee         Cotty
Dantzler         Davenport        Easterday
Elliott          Fair             Fulmer
Gamble           Hallman          Harrell
Herdklotz        Keegan           Kelley
Kirsh            Knotts           Koon
Law              Limehouse        Marchbanks
Mason            McCraw           Moody-Lawrence
Phillips         Quinn            Rhoad
Rice             Richardson       Riser
Robinson         Sandifer         Scott


Printed Page 2732 . . . . . Wednesday, April 26, 1995

Seithel          Sharpe           Sheheen
Shissias         Simrill          Smith, R.
Spearman         Stille           Stuart
Townsend         Trotter          Vaughn
Waldrop          Walker           Whatley
Wilder           Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.

Total--61

Those who voted in the negative are:

Anderson         Baxley           Breeland
Cave             Clyburn          Cromer
Delleney         Govan            Harris, J.
Harrison         Harvin           Howard
Jennings         Keyserling       Kinon
Lloyd            Martin           McMahand
Rogers           Thomas           Tucker
Whipper, L.      Whipper, S.      White
Young, J.

Total--25

So, the amendment was tabled.

Rep. THOMAS proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\BBM\10116JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three nine hundred fifty 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


Printed Page 2733 . . . . . Wednesday, April 26, 1995

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."/

Amend title to conform.

Rep. THOMAS moved to table the amendment, which was agreed to.

Rep. THOMAS proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\BBM\10115JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three hundred fifty 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."/

Amend title to conform.

Rep. MARTIN explained the amendment.

Rep. A. YOUNG moved to table the amendment.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 28

Those who voted in the affirmative are:

Allison          Askins           Bailey
Brown, H.        Cain             Carnell
Cato             Chamblee         Cooper
Cotty            Dantzler         Davenport
Easterday        Fair             Fleming
Fulmer           Gamble           Hallman
Harrell          Herdklotz        Keegan
Kelley           Keyserling       Kirsh
Knotts           Koon             Lanford


Printed Page 2734 . . . . . Wednesday, April 26, 1995

Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McCraw           Meacham          Neilson
Phillips         Quinn            Rhoad
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, R.        Spearman
Stille           Stuart           Townsend
Vaughn           Waldrop          Walker
Whatley          Wilder           Witherspoon
Wofford          Wright           Young, A.

Total--63

Those who voted in the negative are:

Anderson         Baxley           Breeland
Brown, G.        Byrd             Cave
Clyburn          Cobb-Hunter      Cromer
Delleney         Govan            Harris, J.
Harrison         Harvin           Hines
Jennings         Kinon            Lloyd
Martin           McMahand         Moody-Lawrence
Rogers           Scott            Thomas
Tucker           Whipper, L.      Whipper, S.
Williams

Total--28

So, the amendment was tabled.

Rep. THOMAS proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\BBM\10119JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five 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


Printed Page 2735 . . . . . Wednesday, April 26, 1995

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. If total and permanent disability is rebutted, mandatory vocational rehabilitation must be provided. Compensation shall be paid during rehabilitation."/

Amend title to conform.

Rep. THOMAS moved to table the amendment, which was agreed to.

Rep. THOMAS proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\BBM\10120JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three six hundred fifty 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."/

Amend title to conform.

Rep. THOMAS moved to table the amendment, which was agreed to.

Rep. THOMAS proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\BBM\10121JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three seven 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


Printed Page 2736 . . . . . Wednesday, April 26, 1995

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."/

Amend title to conform.

Rep. THOMAS moved to table the amendment, which was agreed to.

Rep. THOMAS proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\BBM\10122JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three seven hundred fifty 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."/

Amend title to conform.

Rep. THOMAS moved to table the amendment, which was agreed to.

Rep. THOMAS proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\BBM\10123JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three eight 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


Printed Page 2737 . . . . . Wednesday, April 26, 1995

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."/

Amend title to conform.

Rep. THOMAS moved to table the amendment, which was agreed to.

Rep. THOMAS proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\BBM\10124JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three eight hundred fifty 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."/

Amend title to conform.

Rep. THOMAS moved to table the amendment, which was agreed to.

Rep. THOMAS proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\DKA\3893JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three four 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,


Printed Page 2738 . . . . . Wednesday, April 26, 1995

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."/

Amend title to conform.

Rep. THOMAS moved to table the amendment, which was agreed to.

Rep. THOMAS proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\DKA\3896JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three six 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."/

Amend title to conform.

Rep. THOMAS moved to table the amendment, which was agreed to.

Rep. THOMAS proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\DKA\3895JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five hundred fifty 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


Printed Page 2739 . . . . . Wednesday, April 26, 1995

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."/

Amend title to conform.

Rep. THOMAS moved to table the amendment, which was agreed to.

Rep. THOMAS proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\DKA\3894JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three four hundred fifty 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."/

Amend title to conform.

Rep. THOMAS moved to table the amendment, which was agreed to.

Rep. THOMAS proposed the following Amendment No. 21 (Doc Name L:\council\legis\amend\BBM\10127JM.95), which was tabled.

Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:

/"(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 be such proportions of the periods of payment herein provided for total loss as such 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 to have suffered total and permanent disability and compensated


Printed Page 2740 . . . . . Wednesday, April 26, 1995

therefor under paragraph two of Section 42-9-10 until the age of sixty-five."/


| Printed Page 2720, Apr. 26 | Printed Page 2740, Apr. 26 |

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