H 3523 Session 122 (2017-2018) H 3523 General Bill, By McCoy, Bennett, Duckworth, Yow and Davis
TO AMEND SECTION 42-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" IN WORKERS' COMPENSATION, SO AS TO PROVIDE A DEFINITION OF "FIRST RESPONDER", TO MODIFY THE REQUIREMENTS OF A FIRST RESPONDER SEEKING WORKERS' COMPENSATION FOR PERSONAL INJURY CAUSED BY STRESS, MENTAL INJURY, OR MENTAL ILLNESS, AND TO INCLUDE MENTAL ILLNESS AMONG RELATED CONDITIONS THAT MAY BE COMPENSABLE IF RESULTING FROM 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)(1) do not apply if the employee is employed as a first responder and the impairment causing the stress, mental injury, or mental illness arises from the first responder's direct involvement in, or subjection to, a significant traumatic experience or situation, without regard to whether the experience or situation was extraordinary or unusual in comparison to the normal working conditions of a first responder's employment.
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( (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 casually 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 casually 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 casually related or connected to the injury or accident.
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( (I) As used in this section, 'first responder' means a law enforcement officer, firefighter, 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 respondent 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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