South Carolina General Assembly
115th Session, 2003-2004

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H. 4670

STATUS INFORMATION

General Bill
Sponsors: Rep. Leach
Document Path: l:\council\bills\dka\3740dw04.doc
Companion/Similar bill(s): 940

Introduced in the House on February 3, 2004
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Claimant's burden of proof under workers' compensation

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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    2/3/2004  House   Introduced and read first time HJ-11
    2/3/2004  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-11

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/3/2004

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-85 SO AS TO DEFINE THE CLAIMANT'S BURDEN OF PROOF AND TO PROVIDE THAT CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN BY EXPERT WITNESS TESTIMONY.

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

SECTION    1.    Chapter 15, Title 42 of the 1976 Code is amended by adding:

"Section 42-15-85.    The burden of proof in a worker's compensation claim is on the injured employee. Causation in medically complex workers' compensation cases must be proven by expert witness opinion evidence."

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

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