S 174 Session 122 (2017-2018) S 0174 General Bill, By Sheheen
TO AMEND SECTION 42-1-160 OF THE 1976 CODE, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" IN WORKERS' COMPENSATION, TO PROVIDE A DEFINITION FOR "FIRST RESPONDER" AND TO MODIFY THE REQUIREMENTS OF SUCH AN EMPLOYEE SEEKING WORKERS' COMPENSATION FOR PERSONAL INJURY CAUSED BY POST TRAUMATIC STRESS DISORDER ARISING FROM THE FIRST RESPONDER'S DIRECT INVOLVEMENT IN A SIGNIFICANT TRAUMATIC EXPERIENCE. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 42-1-160 of the 1976 Code is amended to read: "Section 42-1-160. (A) 'Injury' and 'personal injury' mean only injury by accident arising out of and in the course of employment and shall not include a disease in any form, except when it results naturally and unavoidably from the accident and except such diseases as are compensable under the provisions of Chapter 11 of this title. In construing this section, an accident arising out of and in the course of employment includes employment of an employee of a municipality outside the corporate limits of the municipality when the employment was ordered by a duly authorized employee of the municipality. (B) Stress, mental injuries, and mental illness arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury are not considered a personal injury unless the employee establishes, by a preponderance of the evidence: (1) that the employee's employment conditions causing the stress, mental injury, or mental illness were extraordinary and unusual in comparison to the normal conditions of the particular employment; and (2) the medical causation between the stress, mental injury, or mental illness, and the stressful employment conditions by medical evidence. (C) The provisions of subsection (B) do not apply, however, if the employee is employed as a first responder and if the impairment causing the stress, mental injury, or mental illness is medically diagnosed as posttraumatic stress disorder arising from the first responder's direct involvement in a significant traumatic experience or situation, without regard to if the experience or situation was extraordinary or unusual in comparison to the normal working conditions of a first responder's employment.
(1) admitted by the employer/carrier; (2) noted in a medical record of an authorized physician that, in the physician's opinion, the condition is at least in part causally-related or connected to the injury or accident, whether or not the physician refers the employee for treatment of the condition; (3) found to be causally-related or connected to the accident or injury after evaluation by an authorized psychologist or psychiatrist; or (4) noted in a medical record or report of the employee's physician as causally-related or connected to the injury or accident.
(I) As used in this section, 'first responder' means a law enforcement officer, firefighter, or emergency medical technician or paramedic employed by state or local government. A volunteer law enforcement officer, firefighter, or emergency medical technician or paramedic engaged by the state or local government is also considered a first responder of the state or local government for purposes of this section." SECTION 2. This act takes effect upon approval by the Governor.
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