S*0075(Rat #0112, Act #0108 of 2005)  General Bill, By Knotts, Hutto, O'Dell, 
Alexander, Cromer and Ford

Similar(H 3336)
 AN ACT 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
 PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN 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 UNDER CERTAIN
 CONDITIONS. - ratified title

   12/08/04  Senate Prefiled
   12/08/04  Senate Referred to Committee on Judiciary
   01/11/05  Senate Introduced and read first time SJ-116
   01/11/05  Senate Referred to Committee on Judiciary SJ-116
   02/01/05  Senate Referred to Subcommittee: Moore (ch), Ford,
                     Mescher, Rankin, Scott
   04/13/05  Senate Committee report: Favorable Judiciary SJ-12
   04/14/05  Senate Read second time SJ-13
   04/18/05  Senate Read third time and sent to House SJ-29
   04/19/05  House  Introduced and read first time HJ-14
   04/19/05  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-14
   05/18/05  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-53
   05/19/05  House  Amended HJ-77
   05/19/05  House  Read second time HJ-78
   05/19/05  House  Unanimous consent for third reading on next
                     legislative day HJ-79
   05/20/05  House  Read third time and returned to Senate with
                     amendments HJ-7
   05/24/05  Senate Concurred in House amendment and enrolled SJ-36
   05/26/05         Ratified R 112
   06/02/05         Became law without Governor's signature
   06/07/05         Copies available
   06/07/05         Effective date 06/02/05
   06/07/05         Act No. 108

(A108, R112, S75)

AN ACT 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 PROVIDE THAT A CARDIAC-RELATED INCIDENT RESULTING IN 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 UNDER CERTAIN CONDITIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Presumption regarding law enforcement officers

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 firefighter 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 firefighter is at the time of such 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 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 the fire department, which examination failed to reveal any evidence of such condition or conditions, and the condition or conditions developed while actively engaged in fighting a fire or within twenty-four hours from the date of last service in the activity.

(B)    Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, a cardiac-related incident resulting in 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 this impairment or injury developed while 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. At the time of the incident, the law enforcement officer must be employed as a law enforcement officer 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 becoming a law enforcement officer on or after the effective date of this section must be under thirty-seven years of age and upon entering into the service, must have successfully passed a physical examination which includes a risk factor assessment for coronary artery disease conducted by a competent physician who should counsel on risk factor reduction and consider current medical literature on evaluation and prevention of coronary artery disease in conducting the risk factor assessment. A written report of the examination must have been made and filed with the law enforcement agency, which examination must not have revealed evidence of cardiac impairment or injury. If the law enforcement officer is identified as being a high risk for coronary artery disease during the risk factor assessment and the law enforcement officer fails to undergo, at his own expense, additional medical tests related to discovery of coronary artery disease, he is not entitled to the presumption provided by this section."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 26th day of May, 2005.

Became law without the signature of the Governor -- 6/2/05.