H 4896 General Bill, By Delleney
 A BILL TO AMEND SECTION 42-1-560, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO RIGHTS AND REMEDIES OF WORKERS' COMPENSATION CLAIMANTS AGAINST
 THIRD PARTIES, SO AS TO PROVIDE THAT, IN CASES INVOLVING A PROGRESSIVE DISEASE
 IN WHICH A CLAIM FOR WORKERS' COMPENSATION DOES NOT VEST UNTIL THE EMPLOYEE
 BECOMES DISABLED OR A CARRIER ADMITS LIABILITY, AND A THIRD PARTY ACTION IS
 LIKELY TO BE BARRED BY AN APPLICABLE STATUTE OF LIMITATIONS BEFORE THE
 EMPLOYEE'S CLAIM VESTS, AN EMPLOYEE, HIS PERSONAL REPRESENTATIVE, OR OTHER
 PERSON WHO HAS A RIGHT TO RECOVER DAMAGES FOR INJURY, LOSS OF SERVICE, OR
 DEATH FROM ANY PERSON OTHER THAN THE EMPLOYER, MAY INSTITUTE AN ACTION AT LAW
 AGAINST THIRD PARTIES BEFORE AN AWARD FOR THE DISEASE IS MADE AND PROSECUTE IT
 TO ITS FINAL DETERMINATION WITHOUT BEING BARRED FROM RECEIVING WORKERS'
 COMPENSATION BENEFITS FOR THE DISEASE WHEN THE CLAIM VESTS.

   04/11/00  House  Introduced and read first time HJ-9
   04/11/00  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-10

TO AMEND SECTION 42-1-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND REMEDIES OF WORKERS' COMPENSATION CLAIMANTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT, IN CASES INVOLVING A PROGRESSIVE DISEASE IN WHICH A CLAIM FOR WORKERS' COMPENSATION DOES NOT VEST UNTIL THE EMPLOYEE BECOMES DISABLED OR A CARRIER ADMITS LIABILITY, AND A THIRD PARTY ACTION IS LIKELY TO BE BARRED BY AN APPLICABLE STATUTE OF LIMITATIONS BEFORE THE EMPLOYEE'S CLAIM VESTS, AN EMPLOYEE, HIS PERSONAL REPRESENTATIVE, OR OTHER PERSON WHO HAS A RIGHT TO RECOVER DAMAGES FOR INJURY, LOSS OF SERVICE, OR DEATH FROM ANY PERSON OTHER THAN THE EMPLOYER, MAY INSTITUTE AN ACTION AT LAW AGAINST THIRD PARTIES BEFORE AN AWARD FOR THE DISEASE IS MADE AND PROSECUTE IT TO ITS FINAL DETERMINATION WITHOUT BEING BARRED FROM RECEIVING WORKERS' COMPENSATION BENEFITS FOR THE DISEASE WHEN THE CLAIM VESTS.

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

SECTION 1. Section 42-1-560 of the 1976 Code is amended by adding:

"(i) In cases involving a progressive disease in which a claim for compensation under this tittle does not vest until the employee becomes disabled or a carrier admits liability, and a third party action is likely to be barred by an applicable statute of limitations before the employee's claim vests, an employee, his personal representative, or other person who has a right to recover damages for injury, loss of service, or death from any person other than the employer, may institute an action at law against third parties before an award for the disease is made under this title and prosecute it to its final determination without being barred from receiving benefits for the disease under this title when the claim vests. "

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