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COMMITTEE REPORT
March 7, 2001
S. 250
Introduced by Senators Waldrep, Branton and Hawkins
S. Printed 3/7/01--S.
Read the first time January 31, 2001.
To whom was referred a Bill (S. 250) to amend Section 42-11-30, Code of Laws of South Carolina, 1976, relating to the South Carolina Workers' Compensation law, occupational diseases, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 2, beginning on line 5, in Section 42-11-30(B)(1), as contained in SECTION 1, by striking lines 5-30, and inserting therein the following:
/ (B) Notwithstanding any other provision of this chapter, for purposes of South Carolina Workers' Compensation, a cardiac-related 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 twenty-four 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 thirty-seven 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." /
Renumber sections to conform.
Amend title to conform.
DONALD H. HOLLAND, for Committee.
EXPLANATION OF IMPACT:
Workers' Compensation Commission
Implementation of this bill would pose no additional cost to the agency or to the general funds appropriated to the commission. In the workers' compensation system, the type of cases which would encompass incidents relevant to the bill are relatively rare; therefore, the bill is anticipated to have little effect on the workload of the commission.
State Accident Fund
The State Accident Fund is operated from the revenue generated by premiums paid to the fund by state agencies to cover workers' compensation claims for state employees. Based on its experience with coverage for fire fighters, the State Accident Fund estimates that it would receive 25 additional claims per year based on the provisions of the bill. The State Accident Fund estimates that the total cost of these 25 additional claims would be $820,000 annually. This amount would be supplied to the fund through an increase in premiums to those agencies with law enforcement officers. Those agencies may pay the fund from general or other funds.
SPECIAL NOTES:
The bill does not indicate that state agencies would be required to pay for physical examinations when hiring law enforcement officers. However, it is the current practice of most law enforcement agencies, with the exception of the Department of Probation, Pardon and Parole, to pay for examinations of newly hired officers.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 42-11-30, 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-11-30 of the 1976 Code is amended to read:
"Section 42-11-30. (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 be is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if such the fire fighter is at the time of such the 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 herein in this section, any person becoming a member of a fire department after May 29, 1968, must be under the age of thirty-seven 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 such the fire department, which examination failed to reveal any evidence of such the condition or conditions, and such the condition or conditions developed while actively engaged in fighting a fire or within twenty-four hours from the date of last service in such the activity.
(B)(1) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, an impairment or injury to the health of a law enforcement officer caused by heart disease resulting in total or partial disability, or death, is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if the law enforcement officer is at the time of the impairment or injury a bona fide member of municipal, county, State, port authority, or other law enforcement agency in this State. In order to be entitled to the presumption provided for in this section, a person becoming a member of a law enforcement agency must have successfully passed a physical examination by a competent physician upon entering into the service, a written report of which must have been made and filed with the law enforcement agency, which examination failed to reveal evidence of the condition or conditions, and the condition or conditions were a result of a response to a single law enforcement incident or within twenty-four hours from the date of the activity.
(2) The law enforcement agency must ensure that employees who are expected to perform the duties of a law enforcement officer are physically capable of performing duties which may be assigned to them in the course of their employment. Additionally, the law enforcement agency must require of each officer a physical examination to be performed by a competent physician at least every other year, a written report of which must have been made and filed with the employing law enforcement agency."
SECTION 2. This act takes effect upon approval by the Governor.
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