H 3525 Session 110 (1993-1994)
H 3525 General Bill, By Sharpe, M.O. Alexander, Alexander, Allison, Bailey,
H. Brown, Carnell, Cato, C.D. Chamblee, Davenport, L.L. Elliott, R.C. Fulmer,
Gamble, S.E. Gonzales, J.L. Harris, Harrison, M.F. Jaskwhich, Keegan, Kennedy,
Koon, Lanford, Law, Littlejohn, J.G. McAbee, Quinn, Richardson, Riser, Robinson,
J.S. Shissias, Simrill, R. Smith, C.H. Stone, Stuart, Townsend, Vaughn,
C.Y. Waites, Walker, C.C. Wells, Wilder, J.B. Wilder, Wilkins, Witherspoon,
S.S. Wofford, D.A. Wright, Young-Brickell and R.M. Young
A Bill to amend Section 42-9-30, as amended, Code of Laws of South Carolina,
1976, relating to the amount of Workers' Compensation and the period of
disability for certain injuries, so as to provide that a fifty percent or more
loss of use of the back is presumed, rather than deemed, to be total and
permanent disability, and to provide that this presumption may be rebutted by
a preponderance of the evidence.
02/18/93 House Introduced and read first time HJ-7
02/18/93 House Referred to Committee on Labor, Commerce and
Industry HJ-7
A BILL
TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF
WORKERS' COMPENSATION AND THE PERIOD OF DISABILITY
FOR CERTAIN INJURIES, SO AS TO PROVIDE THAT A FIFTY
PERCENT OR MORE LOSS OF USE OF THE BACK IS PRESUMED,
RATHER THAN DEEMED, TO BE TOTAL AND PERMANENT
DISABILITY, AND TO PROVIDE THAT THIS PRESUMPTION
MAY BE REBUTTED BY A PREPONDERANCE OF THE
EVIDENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 42-9-30(19) of the 1976 Code is amended to
read:
"(19) For the total loss of the use of the back, sixty-six and
two-thirds percent of the average weekly wages during three hundred
weeks. The compensation for partial loss of use of the back shall
must be such those proportions of the periods
of payment herein provided in this paragraph for total
loss as such the partial loss bears to total loss, except
that in cases where there is fifty percent or more loss of use of the back,
in which event the injured employee shall be deemed is
presumed to have suffered total and permanent disability and
compensated therefor for this under paragraph two of
Section 42-9-10. The presumption of total and permanent disability
due to a fifty percent or more loss of use of the back may be rebutted by
a preponderance of the evidence."
SECTION 2. This act takes effect upon approval by the Governor.
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