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COMMITTEE REPORT
April 13, 2005
S. 75
Introduced by Senators Knotts, Hutto, O'Dell, Alexander and Cromer
S. Printed 4/13/05--S.
Read the first time January 11, 2005.
To whom was referred a Bill (S. 75) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
THOMAS L. MOORE for Committee.
EXPLANATION OF IMPACT:
Workers' Compensation Commission
Implementation of this bill would pose no additional cost to the agency or to the general funds appropriated to the commission. In the workers' compensation system, these type of cases, which would encompass incidents relevant to the bill, are relatively rare; therefore, the bill is anticipated to have little effect on the workload of the Commission.
The State Accident Fund
The agency is operated from the revenue generated by premiums paid to the fund by state agencies to cover workers' compensation claims for state employees. The proposed legislation makes Worker's Compensation claims compensable that heretofore had not been compensable, and removes the requirement of an unusual and extraordinary standard for heart attacks of police officers that fit the presumptive elements. Therefore, worker's compensation rates for police officers will increase by one and one-half percent. The impact on state general funds depends on the extent to which these funds (and/or federal and other funds) are used to pay premiums to the State Accident Fund. A one and one-half percent increase would result in a dollar increase of approximately $153,255 annually (total - all sources of funds).
LOCAL GOVERNMENT IMPACT:
Local governments would be impacted to the same extent as state agencies.
SPECIAL NOTES:
The italicized portion of this impact indicates the items that have been revised. For this impact, the revised constitutes information that was not available in the original impact.
Approved By:
Don Addy
Office of State Budget
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 PROVIDE THAT 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 UNDER CERTAIN CONDITIONS.
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 firefighter 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 firefighter is at the time of such impairment or injury a bona fide member of a municipal, county, State 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 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) 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. At the time of the incident, the law enforcement officer must be 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 effective date of this section must be under thirty-seven years of age and upon entering into the service, must have successfully passed a physical examination which includes a risk factor assessment for coronary artery disease conducted by a competent physician who should counsel on risk factor reduction and consider current medical literature on evaluation and prevention of coronary artery disease in conducting the risk factor assessment. A written report of the examination must have been made and filed with the law enforcement agency, which examination must not have revealed evidence of cardiac impairment or injury. If the law enforcement officer is identified as being a high risk for coronary artery disease during the risk factor assessment and the law enforcement officer fails to undergo, at his own expense, additional medical tests related to discovery of coronary artery disease, he is not entitled to the presumption provided by this section."
SECTION 2. This act takes effect upon approval by the Governor.
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