Current Status Introducing Body:House Bill Number:3525 Primary Sponsor:Sharpe Committee Number:26 Type of Legislation:GB Subject:Workers' compensation claims Residing Body:House Current Committee:Labor, Commerce and Industry Computer Document Number:BBM/10168JM.93 Introduced Date:19930218 Last History Body:House Last History Date:19930218 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Sharpe M.O. Alexander T.C. Alexander G. Bailey Cato Davenport Chamblee Fulmer Jaskwhich Carnell Kennedy Lanford Littlejohn Riser R. Smith Townsend Vaughn Wells Wilkins Wofford A. Young Wright R. Young Harrison J. Wilder Stuart Gamble D. Wilder Witherspoon Simrill Richardson Waites Law Keegan Shissias Quinn Allison Walker H. Brown Robinson Elliott Koon McAbee Stone J. Harris Gonzales Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3525 House 19930218 Introduced, read first time, 26
referred to Committee
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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.