South Carolina General Assembly
115th Session, 2003-2004

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Indicates Matter Stricken
Indicates New Matter

S. 940

STATUS INFORMATION

General Bill
Sponsors: Senator Martin
Document Path: l:\council\bills\dka\3712sd04.doc
Companion/Similar bill(s): 4670

Introduced in the Senate on February 10, 2004
Currently residing in the Senate Committee on Judiciary

Summary: Workers' compensation, claimants burden of proof; complex cases must be proven by expert witness testimony

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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   2/10/2004  Senate  Introduced and read first time SJ-8
   2/10/2004  Senate  Referred to Committee on Judiciary SJ-8

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/10/2004

(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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