S 0727 General Bill, By Leatherman, Elliott, Martin, O'Dell and J.V. Smith

Similar(H 3838)
 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 period of disability
 for certain injuries, so as to provide for a presumption of total and
 permanent disability in cases where there is a fifty percent or more loss of
 use of the back, and provide that this presumption may be rebutted by a
 preponderance of the evidence.

   04/11/95  Senate Introduced and read first time SJ-16
   04/11/95  Senate Referred to Committee on Judiciary SJ-16

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 PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND 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 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 must be 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.