South Carolina General Assembly
113th Session, 1999-2000

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Bill 1131


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      1131
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000209
Primary Sponsor:                  Hayes
All Sponsors:                     Hayes
Drafted Document Number:          l:\council\bills\swb\5057djc00.doc
Companion Bill Number:            4896
Residing Body:                    House
Current Committee:                Labor, Commerce and Industry Committee 26 
                                  HLCI
Date of Last Amendment:           20000523
Subject:                          Workers' Compensation, claimants against 
                                  third parties, progressive disease disabling 
                                  employee


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000524  Introduced, read first time,           26 HLCI
                  referred to Committee
Senate  20000524  Read third time, sent to House
------  20000524  Scrivener's error corrected
Senate  20000523  Amended, read second time
------  20000522  Scrivener's error corrected
Senate  20000518  Recalled from Committee,               11 SJ
                  placed on the Calendar
------  20000418  Companion Bill No. 4896
Senate  20000209  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on May 18, 2000 - Word format
Revised on May 22, 2000 - Word format
Revised on May 23, 2000 - Word format
Revised on May 24, 2000 - Word format

View additional legislative information at the LPITS web site.


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

AMENDED

May 23, 2000

S. 1131

Introduced by Senator Hayes

S. Printed 5/23/00--S. [SEC 5/24/00 3:29 PM]

Read the first time February 9, 2000.

            

A BILL

TO AMEND SECTION 42-1-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND REMEDIES OF WORKERS' COMPENSATION CLAIMANTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT, IN CASES INVOLVING A PROGRESSIVE DISEASE IN WHICH A CLAIM FOR WORKERS' COMPENSATION DOES NOT VEST UNTIL THE EMPLOYEE BECOMES DISABLED OR A CARRIER ADMITS LIABILITY, AND A THIRD PARTY ACTION IS LIKELY TO BE BARRED BY AN APPLICABLE STATUTE OF LIMITATIONS BEFORE THE EMPLOYEE'S CLAIM VESTS, AN EMPLOYEE, HIS PERSONAL REPRESENTATIVE, OR OTHER PERSON WHO HAS A RIGHT TO RECOVER DAMAGES FOR INJURY, LOSS OF SERVICE, OR DEATH FROM ANY PERSON OTHER THAN THE EMPLOYER, MAY INSTITUTE AN ACTION AT LAW AGAINST THIRD PARTIES BEFORE AN AWARD FOR THE DISEASE IS MADE AND PROSECUTE IT TO ITS FINAL DETERMINATION WITHOUT BEING BARRED FROM RECEIVING WORKERS' COMPENSATION BENEFITS FOR THE DISEASE WHEN THE CLAIM VESTS, AND TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION HAS JURISDICTION IN SUCH CASES TO APPROVE SETTLEMENTS AND ATTORNEYS FEES IN CONNECTION WITH CLAIMS AND ACTIONS AGAINST THIRD PARTIES.

Amend Title To Conform

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

SECTION 1. Section 42-1-560 of the 1976 Code is amended by adding:

"(i) In cases involving a progressive disease in which a claim for compensation under this title does not vest until the employee becomes disabled or a carrier admits liability and a third party action is likely to be barred by an applicable statute of limitations before the employee's claim vests, an employee, his personal representative, or other person who has a right to recover damages for injury, loss of service, or death from any person other than the employer, may institute an action at law against third parties before an award for the disease is made under this title and prosecute it to its final determination without being barred from receiving benefits for the disease under this title when the claim vests. In the event that a settlement with a third party or a judgment against a third party is obtained before workers' compensation benefits have been fully paid to the claimant, the commission may, upon request, prior to payment of benefits to which the claimant has proven entitlement, decide the carrier's entitlement to a credit for the claimant's third party recovery against benefits the employee may receive under the workers' compensation act."

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

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