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Current Status Bill Number:View additional legislative information at the LPITS web site.3371 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010125 Primary Sponsor:Law All Sponsors:Law Drafted Document Number:l:\council\bills\swb\5106djc01.doc Companion Bill Number:250, 3411 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Workers' compensation, law enforcement officer; heart or respiratory diseases arose out of and in course of employment History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20010201 Companion Bill No. 3411 ------ 20010131 Companion Bill No. 250 House 20010125 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill
TO AMEND SECTION 42-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRESUMPTION FOR PURPOSES OF THE WORKERS' COMPENSATION LAW THAT HEART OR RESPIRATORY DISEASES OCCURRING IN FIREFIGHTERS AROSE OUT OF AND IN THE COURSE OF EMPLOYMENT, SO AS TO PROVIDE FOR A PRESUMPTION THAT, FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, HEART OR RESPIRATORY DISEASES OCCURRING IN LAW ENFORCEMENT OFFICERS AROSE OUT OF AND IN THE COURSE OF EMPLOYMENT.
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:
(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 firefighter caused by heart disease or respiratory disease resulting in total or partial disability, or death, shall be presumed to have arisen out of and in the course of employment, unless the contrary is shown by competent evidence, if such firefighter is at the time of such 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, 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 fire department, which examination failed to reveal any evidence of such condition or conditions, and such condition or conditions developed while actively engaged in fighting a fire or within twenty-four hours from the date of last service in such activity.
(B) Notwithstanding the provisions of this chapter for purposes of the South Carolina Workers' Compensation Law, a cardiac related incident resulting in impairment or injury to a law enforcement officer resulting in total or partial disability, or death, is presumed to have arisen out of and in the course of employment if this impairment or injury developed while actively engaged in, or within twenty-four hours from the date of a law enforcement incident involving unusual or extraordinary physical exertion, unless the contrary is shown by competent evidence. The law enforcement officer must be at the time of the incident, a bona fide member of a municipal, county, State, port authority, or other law enforcement agency in this State. In order to be entitled to the presumption provided by this section, any person becoming a law enforcement officer on or after the signature of the Governor, must be under thirty-seven years of age and 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 cardiac impairment or injury."
SECTION 2. This act takes effect upon approval by the Governor.
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