South Carolina General Assembly
113th Session, 1999-2000

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Bill 4896


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4896
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000411
Primary Sponsor:                  Delleney
All Sponsors:                     Delleney
Drafted Document Number:          l:\council\bills\swb\5104djc00.doc
Companion Bill Number:            1131
Residing Body:                    House
Current Committee:                Labor, Commerce and Industry Committee 26 
                                  HLCI
Subject:                          Workers' Compensation, claimants against 
                                  third parties; progressive disease disabling 
                                  employee


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20000418  Companion Bill No. 1131
House   20000411  Introduced, read first time,           26 HLCI
                  referred to Committee


              Versions of This Bill

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

A BILL

TO AMEND SECTION 42-1-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND REMEDIES OF WORKERS' COMPENSATION CLAIMANTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT, IN CASES INVOLVING A PROGRESSIVE DISEASE IN WHICH A CLAIM FOR WORKERS' COMPENSATION DOES NOT VEST UNTIL THE EMPLOYEE BECOMES DISABLED OR A CARRIER ADMITS LIABILITY, AND A THIRD PARTY ACTION IS LIKELY TO BE BARRED BY AN APPLICABLE STATUTE OF LIMITATIONS BEFORE THE EMPLOYEE'S CLAIM VESTS, AN EMPLOYEE, HIS PERSONAL REPRESENTATIVE, OR OTHER PERSON WHO HAS A RIGHT TO RECOVER DAMAGES FOR INJURY, LOSS OF SERVICE, OR DEATH FROM ANY PERSON OTHER THAN THE EMPLOYER, MAY INSTITUTE AN ACTION AT LAW AGAINST THIRD PARTIES BEFORE AN AWARD FOR THE DISEASE IS MADE AND PROSECUTE IT TO ITS FINAL DETERMINATION WITHOUT BEING BARRED FROM RECEIVING WORKERS' COMPENSATION BENEFITS FOR THE DISEASE WHEN THE CLAIM VESTS.

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

SECTION 1. Section 42-1-560 of the 1976 Code is amended by adding:

"(i) In cases involving a progressive disease in which a claim for compensation under this tittle does not vest until the employee becomes disabled or a carrier admits liability, and a third party action is likely to be barred by an applicable statute of limitations before the employee's claim vests, an employee, his personal representative, or other person who has a right to recover damages for injury, loss of service, or death from any person other than the employer, may institute an action at law against third parties before an award for the disease is made under this title and prosecute it to its final determination without being barred from receiving benefits for the disease under this title when the claim vests. "

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

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