H 3562 Session 111 (1995-1996)
H 3562 General Bill, By Cato, Allison, B.D. Cain, Carnell, Cooper, Davenport,
Fair, R.C. Fulmer, H.M. Hallman, R.J. Herdklotz, Lanford, Littlejohn,
C.V. Marchbanks, Meacham, Rice, Richardson, Riser, Robinson, Sandifer, Sharpe,
Simrill, Tripp, Trotter, Vaughn, Walker, C.C. Wells, D.A. Wright and
Young-Brickell
Similar(H 3538)
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.
02/09/95 House Introduced and read first time HJ-22
02/09/95 House Referred to Committee on Labor, Commerce and
Industry HJ-22
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.
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