S 0940 General Bill, By Martin

Similar(H 4670)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 42-15-85 SO AS TO DEFINE THE CLAIMANT'S BURDEN OF PROOF AND TO PROVIDE THAT
 CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN BY
 EXPERT WITNESS TESTIMONY.

   02/10/04  Senate Introduced and read first time SJ-8
   02/10/04  Senate Referred to Committee on Judiciary SJ-8

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-85 SO AS TO DEFINE THE CLAIMANT'S BURDEN OF PROOF AND TO PROVIDE THAT CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN BY EXPERT WITNESS TESTIMONY.

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

SECTION    1.    Chapter 15, Title 42 of the 1976 Code is amended by adding:

"Section 42-15-85.    The burden of proof in a worker's compensation claim is on the injured employee. Causation in medically complex workers' compensation cases must be proven by expert witness opinion evidence."

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