Current Status Bill Number:
3836Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950322Primary Sponsor: Labor, Commerce and Industry Committee HLCI 26All Sponsors: Labor, Commerce and Industry CommitteeDrafted Document Number: pt\1843jm.95Companion Bill Number: 3563, 726Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJDate of Last Amendment: 19950405Subject: Workers' compensation
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19950411 Introduced, read first time, 11 SJ referred to Committee House 19950406 Read third time, sent to Senate House 19950405 Amended, read second time House 19950328 Objection by Representative Huff L. Whipper Phillips S. Whipper Clyburn Mason Rice Cato R. Smith Howard Delleney Richardson Cooper Cobb-Hunter House 19950322 Introduced, read first timeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
April 5, 1995
S. Printed 4/5/95--H.
Read the first time March 22, 1995.
1. Estimated Cost to State-First Year$-0-
2. Estimated Cost to State-Annually Thereafter$-0-
House Bill 3836, if enacted, would amend the Code of Laws of South Carolina, 1976, by adding Section 42-9-45 to provide that mental illness resulting from work related stress is not an accidental injury in the course of employment except under certain conditions. Medical treatment must be supported by clear and convincing psychiatric or psychological evidence.
The Workers' Compensation Commission states that passage of H. 3836 will have no fiscal impact on that agency or the General Fund of the State.
Prepared By: Approved By:
Cheryl H. Morris George N. Dorn, Jr.
State Budget Analyst Director, Office of State Budget
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.
Amend Title To Conform
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. `Injury' and `personal injury' shall mean only injury by accident arising out of and in the course of the 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 shall include 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.
Work-related Stress arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury is not a personal injury unless it is established that the stressful employment conditions causing the mental injury were extraordinary and unusual in comparison to the normal conditions of the employment.
Work-related Stress arising out of and in the course of employment unaccompanied by physical injury is not considered compensable if it results from any event or series of events which is incidental to normal employer/employee relations including, but not limited to, personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, or terminations, except when such actions are taken in an extraordinary and unusual manner."
SECTION 2. This act takes effect upon approval by the Governor.