South Carolina General Assembly
111th Session, 1995-1996

Bill 3563


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3563
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19950209
Primary Sponsor:                   Cato
All Sponsors:                      Cato, A. Young, Trotter,
                                   Sandifer, Allison, Sharpe, Carnell,
                                   Hallman, Simrill, Rice, Richardson,
                                   Herdklotz, Wright, Walker, Cooper,
                                   Cain, Meacham, Robinson, Littlejohn,
                                   Davenport, Vaughn, Tripp, Marchbanks,
                                   Wells, Chamblee, Lanford, Fair,
                                   D. Smith and Riser 
Drafted Document Number:           BBM\9845JM.95
Companion Bill Number:             3836, 726
Residing Body:                     House
Current Committee:                 Labor, Commerce and Industry
                                   Committee 26 HLCI
Subject:                           Mental illness



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19950209  Introduced, read first time,             26 HLCI
                  referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 42-9-45. (A) Mental illness resulting from work-related stress is not an accidental injury arising out of and in the course of employment unless it is established by clear and convincing evidence that:

(1) the stressful employment conditions causing the mental injury were extraordinary and unusual in comparison to the pressures and tensions experienced by individuals performing similar work; and

(2) the stressful employment conditions were the predominant cause of the mental injury; and

(3) the mental injury was caused by stressful employment conditions that exist in a real and objective sense.

(B) A determination of mental injury, its cause, and resulting disability or need for medical treatment must be supported by clear and convincing psychiatric evidence.

(C) A mental injury is not considered compensable if it results from a verbal disagreement with an employer or a coemployee, or results from a personnel decision by the employer, including, but not limited to, any disciplinary action, work evaluation, job transfer, demotion, promotion, salary review, or voluntary or involuntary termination of employment."

SECTION 2. This act takes effect upon approval by the Governor.

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