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4896Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20000411Primary Sponsor: DelleneyAll Sponsors: DelleneyDrafted Document Number: l:\council\bills\swb\5104djc00.docCompanion Bill Number: 1131Residing Body: HouseCurrent Committee: Labor, Commerce and Industry Committee 26 HLCISubject: Workers' Compensation, claimants against third parties; progressive disease disabling employeeHistory 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
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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