South Carolina General Assembly
117th Session, 2007-2008

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Bill 388


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 42-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EMPLOYEE'S RIGHT TO VOCATIONAL REHABILITATION SERVICES WHO IS INJURED DUE TO RADIATION EXPOSURE, SO AS TO DELETE THE REQUIREMENT THAT THE INJURY MUST BE CAUSED BY RADIATION EXPOSURE AND THE LIMITATION ON THE LENGTH OF TIME THE VOCATIONAL REHABILITATION TRAINING MAY BE OFFERED.

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

SECTION    1.    Section 42-13-90(a) of the 1976 Code is amended to read:

"(a)    An employee covered by this chapter who, for reasons of injury or medically determined restrictions on radiation exposure, and whose skills are not transferable to equivalent work not involving radiation exposure, shall be is entitled to such vocational rehabilitation services, including retraining and job replacement, as may be reasonably necessary to restore him to suitable employment. If such these services are not voluntarily offered and accepted, the Industrial Workers' Compensation Commission, on its own motion or upon application of the employee, after affording the parties an opportunity to be heard, may refer the employee to one or more qualified physicians or facilities for evaluation of the practicability of, the need for, and the kind of service, treatment or training necessary for and appropriate to render him fit for a remunerative occupation. Upon receipt and evaluation of such the report, the Industrial commission may order that the services and treatment recommended in the report, or such other another rehabilitation treatment or service it may deem considers necessary, be provided at the expense of the employer. Vocational rehabilitation training, treatment or service required pursuant to this section shall not extend for a period of more than fifty-two weeks, except in unusual cases when by special order of the Industrial Commission, after affording the parties an opportunity to be heard, the period may be extended for an additional twenty-six weeks."

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

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