Printed Page 2230, Apr. 5
| Printed Page 2250, Apr. 5
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Printed Page 2230, Apr. 5
| Printed Page 2250, Apr. 5
| Rep. McELVEEN proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BBM\10100JM.95), which was tabled.
Amend the bill, as and if amended, page 3, by striking line 10 and inserting:
/, for the purposes of this section, once a treating physician has been selected by the workers' compensation carrier, that physician shall not be changed except upon order of the commission or by the consent of the claimant./
Amend numbers to conform.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. CATO moved to table the amendment and demanded the yeas and nays, which
were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Carnell
Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Fulmer Gamble Hallman Harrell Harrison Herdklotz Hodges Hutson Jaskwhich Keegan Kelley Kinon Koon Lanford Law Littlejohn Marchbanks Mason McAbee McCraw McKay Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, J. Brown, T. Canty Cave Clyburn Cobb-Hunter Cromer Govan Harvin Hines Howard Inabinett Jennings Kennedy Lloyd McElveen McTeer Neal Tucker Whipper, L. Whipper, S. White
So, the amendment was tabled.
Amend the bill, as and if amended, by adding to Section 42-9-260, as contained in SECTION 1, the following:
/(H) An employee has a right to receive a second opinion from a board-certified physician of his choice before the termination or suspension of temporary disability compensation. The employee must pay for this second opinion. If the second opinion differs from that provided by the primary physician, the employee may request a hearing./
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. L. WHIPPER spoke in favor of the amendment.
Rep. CATO moved to table the amendment and demanded the yeas and nays, which
were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, H. Cain Cato Chamblee Cooper Dantzler Davenport Easterday Elliott Fair Fulmer Gamble Hallman Herdklotz Hutson Jaskwhich Keegan Kelley Kirsh Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Stuart Townsend Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon
Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Beatty Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Cromer Govan Harrison Harvin Hines Howard Inabinett Jennings Kinon Lloyd Martin McTeer Moody-Lawrence Neal Rogers Scott Sheheen Shissias Spearman Thomas Whipper, L. Whipper, S.
So, the amendment was tabled.
Rep. BAXLEY spoke against the Bill.
Rep. BAXLEY moved to table the Bill.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Baxley Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Hines Howard Inabinett Lloyd Martin Moody-Lawrence Neal Scott Whipper, L. Whipper, S. White
Allison Askins Bailey Boan Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fulmer Gamble Hallman Harrell Harrison Harvin Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McAbee McCraw McKay McTeer Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill, as amended, on second
reading.
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fulmer Gamble Hallman Harrell Harrison Harvin Herdklotz Hodges Hutson Jaskwhich Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Martin Mason McAbee McCraw McKay McTeer Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Baxley Breeland Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Howard Inabinett Lloyd
Moody-Lawrence Neal Whipper, L. White
So, the Bill, as amended, was read the second time and ordered to third reading.
Govan (Present) Nay
Limbaugh (Absent) Aye
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 3837 General Subject Matter: Workers' Comp.
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TERRY E. HASKINS
The following Bill was taken up.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION
42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES,
SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES
WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE
THAT
THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Rep. A. YOUNG moved to table the motion.
Rep. WALKER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, H. Brown, J. Brown, T. Cain Carnell Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Fulmer Gamble Hallman Harrell Harrison Harvin Hines Hodges Hutson Jaskwhich Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, R. Stille Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Beatty Breeland Brown, G. Byrd Canty Cato Cave Clyburn Cobb-Hunter Govan Herdklotz Howard Inabinett
Jennings Kennedy Klauber Lloyd Martin McAbee McElveen McTeer Moody-Lawrence Neal Neilson Rogers Sheheen Smith, D. Spearman Thomas Townsend Tucker Whipper, L. Whipper, S. White
So, the motion to adjourn debate was tabled.
Rep. MARTIN moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Baxley Beatty Breeland Byrd Canty Cato Cave Chamblee Clyburn Cobb-Hunter Govan Harvin Hines Hodges Howard Huff Inabinett Jennings Kennedy Klauber Lloyd Martin McElveen McTeer Neal Neilson Rogers Sheheen Smith, D. Thomas Trotter Tucker White
Those who voted in the negative are:
Allison Askins Bailey Boan Brown, G. Brown, H. Cain Carnell Cotty Cromer Dantzler Davenport Easterday Elliott Fair Fulmer Gamble Hallman
Harrell Harrison Herdklotz Hutson Jaskwhich Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McAbee McCraw Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tripp Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Reps. THOMAS, JENNINGS, CLYBURN, BEATTY, BAXLEY, DELLENEY, MARTIN, HARRISON and HUFF proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10055JM.95).
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five 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 must be 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."/
Amend title to conform.
Printed Page 2230, Apr. 5
| Printed Page 2250, Apr. 5
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