South Carolina General Assembly
113th Session, 1999-2000

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Bill 682


Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 27, 2000

S. 682

Introduced by Senator Waldrep

S. Printed 4/27/00--S.

Read the first time April 1, 1999.

            

A BILL

TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, OCCUPATIONAL DISEASES, AND THE PRESUMPTION THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO LAW ENFORCEMENT OFFICERS.

Amend Title To Conform

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

SECTION 1. Section 42-11-30 of the 1976 Code is amended to read:

"Section 42-11-30. (A) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, any impairment or injury to the health of a fire fighter caused by heart disease or respiratory disease resulting in total or partial disability, or death, shall be is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if such the fire fighter is at the time of such the impairment or injury a bona fide member of a municipal, county, State, port authority, or fire control district fire department in this State. In order to be entitled to the presumption provided for herein in this section, any person becoming a member of a fire department after May 29, 1968, must be under the age of thirty-seven years and must have successfully passed a physical examination by a competent physician upon entering into such service, a written report of which must have been made and filed with such the fire department, which examination failed to reveal any evidence of such the condition or conditions, and such the condition or conditions developed while actively engaged in fighting a fire or within twenty-four hours from the date of last service in such the activity.

(B)(1) Notwithstanding the provisions of this chapter, for purposes of the South Carolina Workers' Compensation Law, an impairment or injury to the health of a law enforcement officer caused by heart disease resulting in total or partial disability, or death, is presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if the law enforcement officer is at the time of the impairment or injury a bona fide member of municipal, county, State, port authority, or other law enforcement agency in this State. In order to be entitled to the presumption provided for in this section, a person becoming a member of a law enforcement agency must have successfully passed a physical examination by a competent physician upon entering into the service, a written report of which must have been made and filed with the law enforcement agency, which examination failed to reveal evidence of the condition or conditions, and the condition or conditions were a result of a response to a single law enforcement incident or within twenty-four hours from the date of the activity.

(2) The law enforcement agency must ensure that employees who are expected to perform the duties of a law enforcement officer are physically capable of performing duties which may be assigned to them in the course of their employment. Additionally, the law enforcement agency must require of each officer a physical examination to be performed by a competent physician at least every other year, a written report of which must have been made and filed with the employing law enforcement agency."

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

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