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COMMITTEE AMENDMENT ADOPTED
March 8, 2001
S. 250
Introduced by Senators Waldrep, Branton and Hawkins
S. Printed 3/8/01--S.
Read the first time January 31, 2001.
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.
Amend Title To Conform
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) 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."
SECTION 2. This act takes effect upon approval by the Governor.
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