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TO AMEND SECTION 42-11-30, AS AMENDED, 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 PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN IMPAIRMENT OR INJURY TO AN EMERGENCY MEDICAL SERVICE PERSONNEL RESULTING IN TOTAL OR PARTIAL DISABILITY, OR DEATH, IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT UNDER CERTAIN CONDITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-11-30 of the 1976 Code, as last amended by Act 108 of 2005, is further amended by adding:
"(C) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, any impairment or injury to the health of an emergency medical services (EMS) personnel caused by heart disease or respiratory 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 EMS personnel is at the time of the impairment or injury a bona fide member of a municipal, county, state, port authority, fire control district fire department, or EMS department in this State. In order to be entitled to the presumption provided for in this section, a person becoming a member of an EMS department after the effective date of this subsection, must be under the age of thirty-seven years and successfully shall have 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 EMS department, which examination failed to reveal any evidence of the condition or conditions, and the condition or conditions developed while actively engaged in performing emergency medical services or within twenty-four hours from the date of last service in the activity."
SECTION 2. This act takes effect upon approval by the Governor.
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